sdj-57th day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
FIFTY-SEVENTH DAY
____________

Charleston, W. Va., Wednesday, March 8, 2006

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Shirley Love, a senator from the eleventh district.
Pending the reading of the Journal of Tuesday, March 7, 2006,
On motion of Senator McCabe, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 242, Allowing state-chartered banks issue more than one class of stock.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 243, Relating to banks' self-ownership of stock.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 269, Relating to parity for state-chartered banks' investments.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 271, Reducing state banks' time period for retaining records.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 463, Modifying qualifications for license to practice medicine.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page nine, section ten, line one hundred fifty-nine, by striking the word "five" and inserting in lieu thereof the word "seven";
And,
On page nine, section ten, after line one hundred seventy-five, by adding a new subsection, designated subsection (g), to read as follows:
(g) The board may not issue a license to a person whose license has been revoked or suspended in another state until reinstatement of his or her license in that state.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 463, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 463) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 463) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 521, Authorizing deer hunting in state parks.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
On pages eight and nine, section two, line one hundred forty- one through one hundred forty-six, by striking out all of subdivision (15) and inserting in lieu thereof a new subdivision (15), to read as follows:
(15) Notwithstanding the provisions of section fifty-eight, article two of this chapter, the Natural Resources Commission is authorized to promulgate rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to permit and regulate the hunting of white-tail deer in any state park as deemed appropriate by the director to protect the ecological integrity of the area.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 521, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: Sprouse--1.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 521) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 619, Relating to Physicians' Mutual Insurance Company board member's term.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 630, Relating to cancellation of combination insurance policies.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 673, Authorizing county service fees for infrastructure projects; bonding authority.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
On page two, by striking out everything after the enacting section and inserting in lieu thereof the provisions of Engrossed House Bill No. 4791.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 673, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: Harrison--1.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 673) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
At the request of Senator Oliverio, unanimous consent being granted, Senator Oliverio addressed the Senate regarding Engrossed Senate Bill No. 673.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2235--A Bill to amend and reenact §50-1-8, §50-1-9 and §50-1-9a of the Code of West Virginia, 1931, as amended, all relating to increasing salaries for magistrate court clerks, magistrate assistants and magistrate court deputy clerks.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4100--A Bill to amend and reenact §7-7-1 and §7-7-4 of the Code of West Virginia, 1931, as amended, all relating to salaries for elected county officials; providing for a salary increase for elected county officials; finding that additional duties have been imposed on county officials which justify the increased compensation to prosecuting attorneys generally; and providing that a prosecuting attorney for a Class VI county which subsequently becomes a Class V county may remain part-time and compensated at the Class VI county level.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4312--A Bill to amend and reenact §48-19- 105 of the Code of West Virginia, 1931, as amended, relating to increasing the compensation of child support enforcement attorneys.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, of
Eng. House Bill No. 4349, Continuing the Division of Motor Vehicles.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amended title, passage as amended, of
Eng. House Bill No. 4350, Continuing the Family Protection Services Board.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4620--A Bill to amend and reenact §31A-2-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-2-2 of said code, all relating generally to salary adjustments for the Commissioner of Banking and the Insurance Commissioner.
Referred to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 125, Budget bill.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 125 (originating in the Committee on Finance)--A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 125) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Oliverio, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Eng. Com. Sub. for House Bill No. 4023, Raising the minimum wage in accordance with legislation now pending before Congress.
And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on the Judiciary; and then to the Committee on Finance.
Respectfully submitted,
Michael A. Oliverio II,
Chair.
The bill, under the original triple committee reference, was referred to the Committee on the Judiciary; and then to the Committee on Finance.
Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration
House Concurrent Resolution No. 55, Requesting the Joint Committee on Government and Finance to study how the divorce and custody laws prevent or hinder fathers from being involved in raising their children.
And has amended same.
And reports the same back with the recommendation that it be adopted, as amended.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
The Senate proceeded to the sixth order of business.
Senators Tomblin (Mr. President), Dempsey, Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Yoder offered the following resolution:
Senate Resolution No. 44--Recognizing the tragic events which began January 19, 2006, in the Alma No. 1 Mine near Melville, Logan County.
Whereas, On January 19, 2006, a team of 12 men were working in the Alma No. 1 mine near Melville, Logan County, when a fire started on a conveyor belt, sending flames and thick smoke into the mine. Ten of the 12 team members safely reached the surface; and
Whereas, Emergency rescue procedures were initiated to search for the two miners who had not surfaced; and
Whereas, Anxious family and friends of the missing miners gathered at a nearby church to pray for their safe return and to comfort each other as they waited for news of their loved ones; and
Whereas, On January 20, 2006, rescue crews battled the fire that continued to burn more than 24 hours after it had started; and
Whereas, On January 21, 2006, over 40 hours after the disaster had begun, the sad news came that the two missing miners had perished. Family and friends were devastated at the news of the deaths of their loved ones; and
Whereas, Don Bragg and Ellery Hatfield, who perished in the Alma No. 1 Mine disaster, should be remembered as brave men who died not only providing for their families, but also providing the nation with energy; and
Whereas, America should be proud of these two brave men who placed themselves in the dark and dangerous environment of coal mining in order to provide fuel for the nation's energy sources; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the tragic events which began January 19, 2006, at the Alma No. 1 Mine near Melville, Logan County; and, be it
Further Resolved, That the Senate hereby remembers the brave men who perished in the Alma No. 1 Mine disaster and extends its sincere sympathy to the families of Don Bragg and Ellery Hatfield; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the families of Don Bragg and Ellery Hatfield.
At the request of Senator Dempsey, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Prezioso, Bailey, Dempsey, Facemyer, Love, Minear, McCabe, Bowman, Edgell, Foster, Jenkins, Plymale and Kessler offered the following resolution:
Senate Resolution No. 45--Commemorating the 25th anniversary of the Judith A. Herndon Legislative Fellows Program and recognizing the contributions of its Director, Dr. Stephen Cupps.
Whereas, From 1970 to 1980, the Honorable Judith A. Herndon diligently served the State of West Virginia for 10 years as both Senator and Delegate; and
Whereas, In 1978, Judith A. Herndon was rated the most effective state legislator in a Charleston Gazette survey; and
Whereas, To honor the life and dedication of the Honorable Judith A. Herndon, a legislative program was established to instruct undergraduate students from institutions of higher education in West Virginia; and
Whereas, During the majority of the 25-year history of the Judith A. Herndon Legislative Fellows Program, Dr. Stephen Cupps has tirelessly directed the program, dedicating many hours to both legislators and students; and
Whereas, This successful annual internship program benefits not only the participating students, but also the members of the West Virginia Legislature; therefore, be it
Resolved by the Senate:
That the Senate hereby commemorates the 25th anniversary of the Judith A. Herndon Legislative Fellows Program and recognizes the contributions of its Director, Dr. Stephen Cupps; and, be it
Further Resolved, That the Senate hereby congratulates Dr. Stephen Cupps on his continued direction and dedicated service to the Judith A. Herndon Legislative Fellows Program; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Dr. Stephen Cupps.
At the request of Senator Prezioso, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
At the request of Senator McKenzie, and by unanimous consent, Senator McKenzie addressed the Senate regarding Senate Resolution No. 45.
Thereafter, at the request of Senator Prezioso, unanimous consent being granted, the remarks by Senator McKenzie were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Oliverio, and by unanimous consent, returned to the second order of business the introduction of guests.
The Senate again proceeded to the sixth order of business.
Senators Yoder, Foster and Kessler offered the following resolution:
Senate Resolution No. 46--Honoring the United States Supreme Court Fellows Program and acknowledging the significant historical ties between the West Virginia State Capitol Building and the United States Supreme Court Building.
Whereas, For over 30 years, the Supreme Court Fellows Program has enabled exceptionally talented individuals to contribute to the work of the Supreme Court of the United States, the Federal Judicial Center, the Administrative Office of the United States Courts and the United States Sentencing Commission; and
Whereas, The Program was founded by Chief Justice Warren Burger in 1973 to provide Fellows an opportunity to study firsthand both the administrative machinery of the federal judiciary and the dynamics of interbranch relations; and
Whereas, The Fellows Program is comprised of select individuals from diverse professions and academic backgrounds who demonstrate the high ideals of integrity, trustworthiness and intellect; and
Whereas, Those visiting the Senate today include Supreme Court Fellows Emery Lee, David Nersessian, Melanie Peyser and Regina Stone-Harris; and
Whereas, There is a historical connection between the federal Supreme Court Chamber and the West Virginia Supreme Court of Appeals Chamber. Legendary architect Cass Gilbert took great care in planning the West Virginia Supreme Court of Appeals Chamber, personally designing the decor, the bench and other furnishings, and later used his design as the model for the courtroom in the Supreme Court of the United States; therefore, be it
Resolved by the Senate:
That the Senate hereby honors the United States Supreme Court Fellows Program and acknowledges the significant historical ties between the West Virginia State Capitol Building and the United States Supreme Court Building; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials with the United States Supreme Court Fellows Program.
At the request of Senator Yoder, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened.
Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from the Senate second reading calendar, Engrossed Committee Substitute for House Bill No. 4015.
Senator Chafin also announced that in the same meeting, the Committee on Rules had returned to the Senate calendar, on third reading, Engrossed Committee Substitute for House Bill No. 4486, under rule number seventeen of the Rules of the Senate.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 6, Requesting Joint Committee on Government and Finance study public school dress code and uniforms.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 18, Requesting Joint Committee on Government and Finance study eliminating incarceration for certain misdemeanors.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 19, Requesting Division of Highways name bridge at Miller's Creek, Mingo County, "Arnold J. Starr Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 28, Requesting Division of Highways name bridge at Keyser, Mineral County, "Jonah E. Kelley, World War II Congressional Medal of Honor Recipient, Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 60, Requesting Joint Committee on Government and Finance study feasibility of establishing statewide automated victim notification network.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 64, Requesting Division of Highways name bridge in Sharples, Logan County, "Sharples Stags Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 71, Requesting Joint Committee on Government and Finance study need for background checks for professional licensees.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 72, Requesting Joint Committee on Government and Finance study sunrise and sunset legislation processes.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 79, Requesting Division of Highways rename Warriormine Road in War, McDowell County, "Glenn Hatcher Way".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 81, Requesting Joint Committee on Government and Finance study child advocacy center criteria.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Resolution No. 42, Requesting Supreme Court study legal services advertising.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary.
The Senate proceeded to the eighth order of business.
Eng. House Bill No. 2136, Requiring the clerk of the county commission to execute, record and post a disclaimer relating to certain unlawful covenants.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2136) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. House Bill No. 2136--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §36-4-18, relating to certain unlawful covenants or restrictions; requiring the clerk of the county commission to execute, record and post a disclaimer; and suggested form of disclaimer.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2548, The Diabetes Care Plan Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2548) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2947, Requiring payments for delinquent real estate taxes submitted fourteen days prior to the date of the sheriff's sale, be made by cashiers check, money order, certified check or United States currency.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Kessler, unanimous consent was granted to offer amendments to the bill on third reading.
Thereupon, on motion of Senator Kessler, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page three, section two, line twenty-five, after the word "received" by inserting the word "within";
And,
On page six, section four, line twenty-five, after the word "received" by inserting the word "within".
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2947), as just amended, was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2947) passed.
On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 2947--A Bill to amend and reenact §11A-3-2 and §11A-3-4 of the Code of West Virginia, 1931, as amended, all relating to requiring payments for delinquent real estate taxes submitted within fourteen days prior to the date of the sheriff's sale be made by cashier's check, money order, certified check or United States currency.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4311, Continuing of the Department of Environmental Protection.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4311) passed.
The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. House Bill No. 4311--A Bill to amend and reenact §22-1-4 of the Code of West Virginia, 1931, as amended, relating to continuing the Department of Environmental Protection.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4437, Authorizing West Virginia Department of Agriculture emergency response vehicles to utilize red flashing warning lights.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4437) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4444, Permitting land grant university researchers performing research to plant ginseng seed and to dig, collect or gather ginseng on state public lands.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4444) passed.
The following amendment to the title of the bill, from the Committee on Agriculture, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4444--A Bill to amend and reenact §19-1A-3a of the Code of West Virginia, 1931, as amended, relating to permitting land grant university researchers performing research to plant ginseng seed and to dig, collect or gather ginseng on state public lands; prohibiting cultivation on state parks or wildlife management areas; providing exceptions to the permit requirements for growing and digging ginseng; allowing for certification of existing ginseng plantings; and establishing an annual expiration date for ginseng dealer permits.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4472, Including family court jurisdiction in all proceedings concerning grandparent visitation.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4472) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4486, Relating to minimum base pay for members of the National Guard and providing tuition payment for the cost of post-graduate courses.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Hunter, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Hunter, the following amendment to the bill was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for Senate Bill No. 571.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4486), as just amended, was then read a third time and put upon its passage.On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4486) passed.
On motion of Senator Hunter, the following amendment to the title of the bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4486--A Bill to amend and reenact §15-1B-16 of the Code of West Virginia, 1931, as amended, relating to the National Guard generally; and increasing the base pay of members of the National Guard while in active service to the state.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4486) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4491, Establishing the third week of October as Disability History Week for the State of West Virginia.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4491) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Pending announcement of meetings of standing committees of the Senate, including majority and minority party caucuses,
On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.
Upon expiration of the recess, the Senate reconvened and proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 4006, Adding counties to the Hatfield-McCoy Regional Recreational Authority.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for House Bill No. 4008, Relating to authorizing city and county housing authorities to merge to form a regional housing authority.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Government Organization, were reported by the Clerk, considered simultaneously, and adopted:
On page nine, section one, line one hundred forty-six, after the word "in" by striking out the remainder of the subdivision and inserting in lieu thereof the words "sections three-a and three-b of this article.";
And,
On pages thirteen and fourteen, section three-b, lines one through five, by striking out all of subsection (a) and inserting in lieu thereof a new subsection (a), to read as follows:
(a) Two or more cities or counties may, by joint resolution of their governing bodies, merge their housing authorities to establish a regional housing authority: Provided, That each city or county considering the merger shall hold a public hearing in its area of operation prior to adopting the joint resolution.
The bill (Eng. Com. Sub. for H. B. No. 4008), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4015, Relating to funding of the Revenue Shortfall Reserve Fund.
Having been removed from the Senate second reading calendar, no further action thereon was taken.
Eng. House Bill No. 4048, Placing limitations on the use of eminent domain.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Economic Development, was reported by the Clerk:
On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
That §54-1-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §54-2-2a, all to read as follows:
ARTICLE 1. RIGHT OF EMINENT DOMAIN.

§54-1-2. Public uses for which private property may be taken or damaged.

The public uses for which private property may be taken or damaged are as follows:
(a) For the construction, maintenance and operation of railroad and traction lines (including extension, lateral and branch lines, spurs, switches and sidetracks), canals, public landings, wharves, bridges, public roads, streets, alleys, parks and other works of internal improvement, for the public use;
(b) For the construction and maintenance of telegraph, telephone, electric light, heat and power plants, systems, lines, transmission lines, conduits, stations (including branch, spur and service lines), when for public use;
(c) For constructing, maintaining and operating pipelines, plants, systems and storage facilities for manufacturing gas and for transporting petroleum oil, natural gas, manufactured gas and all mixtures and combinations thereof, by means of pipes, pressure stations or otherwise, (including the construction and operation of telephone and telegraph lines for the service of such systems and plants), and for underground storage areas and facilities, and the operation and maintenance thereof, for the injection, storage and removal of natural gas in subterranean oil and/or gas bearing stratum, which, as shown by previous exploration of the stratum sought to be condemned and within the limits of the reservoir proposed to be utilized for such purposes, has ceased to produce or has been proved to be nonproductive of oil and/or gas in substantial quantities, when for public use, the extent of the area to be acquired for such purpose to be determined by the court on the basis of reasonable need therefor. Nothing in this subsection shall be construed to interfere with the power of the state and its political subdivisions to enact and enforce ordinances and regulations deemed necessary to protect the lives and property of citizens from the effects of explosions of oil or gas;
(d) For constructing, maintaining and operating, water plants and systems, including lines for transporting water by any corporate body politic, or private corporation, for supplying water to the inhabitants of any city, town, village or community, for public use, including lands for pump stations, reservoirs, cisterns, storage dams and other means of storing, purifying and transporting water, and the right to take and damage lands which may be flooded by the impounded waters, and to appropriate any spring, stream and the surrounding property necessary to protect, preserve and maintain the purity of any such spring, stream, reservoir, cistern and water impounded by means of any storage dam;
(e) For the purpose of constructing, maintaining and operating sewer systems, lines and sewage disposal plants, to collect, transport and dispose of sewage. When in the interest of the public welfare and the preservation of the public health, the construction of a sewer line to serve a single building or institution shall be deemed a public use, and, for such purpose, the right of eminent domain, if within a municipal corporation, may be exercised in the name of a municipal corporation, and if not within a municipal corporation, in the name of the county ~~court~~ commission of the county in which the property is located;
(f) For the reasonable use by an incorporated company engaged in a public enterprise of which the state or any county or municipality is the sole or a part owner;
(g) For courthouses and municipal buildings, parks, public playgrounds, the location of public monuments and all other public buildings;
(h) For cemeteries, and the extension and enlargement of existing cemeteries: Provided, That no lands shall be taken for cemetery purposes which lie within four hundred feet of a dwelling house, unless to extend the boundaries of an existing cemetery, and then only in such manner that the limits of the existing cemetery shall not be extended nearer than four hundred feet of any dwelling house distant four hundred feet or more from such cemetery, or nearer than it was to any dwelling house which is within four hundred feet thereof;
(i) For public schools, public libraries and public hospitals;
(j) For the construction and operation of booms (including approaches, landings and ways necessary for such objects), when for a public use;
(k) By the State of West Virginia for any and every other public use, object and purpose not herein specifically mentioned, but in no event may "public use" be construed to include the exercise of eminent domain for private economic development. Notwithstanding any provision in this code to the contrary, no private property may be taken by the State of West Virginia or its political subdivisions without the owner's consent when the primary purpose of the taking is economic development that will ultimately result in ownership or control of the property transferring to another private entity, whether by purchase agreement, long-term lease agreement or any other mechanism whereby ownership or control is effectively transferred: Provided, That nothing herein precludes an urban renewal authority established by a municipal corporation from exercising a right of eminent domain as to blighted property only within an area designated a slum area or blighted area under the provisions of article eighteen, chapter sixteen of this code. In this subsection, "blighted property" means property that, by reason of abandonment, dilapidation, deterioration, age or obsolescence, inadequate provisions for ventilation, light, air or sanitation, high density of population and overcrowding, deterioration of site or other improvements or the existence of conditions that endanger life or property by fire or other causes, or any combination of such factors, is detrimental to the public health, safety or welfare. Before commencing the condemnation of property that the party exercising the right of eminent domain intends to convey, transfer or lease to a private entity, the party exercising the right of eminent domain shall make a written finding that the property is blighted property.
By the United States of America for each and every legitimate public use, need and purpose of the government of the United States, within the purview, and subject to the provisions of chapter one of this code;
(l) For constructing, maintaining and operating pipelines, plants, systems and storage facilities, for the transportation by common carrier as a public utility of coal and its derivatives and all mixtures and combinations thereof with any substance by means of pipes, pressure stations or otherwise (including the construction and operation of telephone and telegraph lines for the service of such systems and plants), for public use: Provided, That the common carrier engages in some intrastate activity in this state, if there is any reasonable demand therefor: Provided, however, That in addition to all other requisites by federal or state constitutions, statute or common law required for the taking of private property for public use, a further prerequisite and condition precedent to the exercise of such taking of or damage to private property for public use as in this subsection hereinabove provided, is that the Public Service Commission of this state, in an appropriate hearing and proceeding on due notice to all interested persons, firms or corporations, in accordance with the procedure now or hereafter established by statute and the regulations thereunder, shall have found that such pipeline transportation of coal and its derivatives and all mixtures and combinations thereof is required for the public convenience and necessity, and that the Public Service Commission of this state shall not extend a certificate of convenience and necessity or make such finding of public convenience and necessity unless, in addition to the other facts required to support such findings, it shall have been established by the applicant therefor that the patents and other similar rights under which the applicant proposes to construct, maintain or operate such pipeline, plants, systems and storage facilities shall be and shall remain equally available, insofar as said subsequent applicant may determine such availability, upon fair and reasonable terms, to other bona fide applicants seeking a certificate of convenience and necessity and finding of fact for any other pipeline in West Virginia; for the purpose of making the findings hereinbefore set forth the Public Service Commission shall have and exercise jurisdiction, and that the aforesaid findings in this proviso above set forth shall be subject to judicial review as in other Public Service Commission proceedings.
It is the intention of the Legislature in amending this section by the addition of subdivision (1) as set forth above to extend the right of eminent domain to coal pipelines for public use; to provide for regulation of such coal pipelines by the Public Service Commission of this state or the Interstate Commerce Commission of the United States of America, or both; to assure that such rights shall be extended only to public utilities or common carriers as distinguished from private carriers or contract carriers; to make patents covering the same equally available to others on fair and reasonable terms; and to prevent monopolistic use of coal pipelines by any users thereof which would result in any appreciable economic detriment to others similarly situated by reasons of any such monopoly.
ARTICLE 2. PROCEDURE.
§54-2-2a. Notice; good faith purchase.
Prior to initiation of any condemnation proceeding, the applicant must make a reasonable attempt to notify all parties subject to a petition for condemnation provided in section two of this article, and attempt to enter into negotiations for purchase of the property with the owner or owners, or if less than a fee estate is being condemned, the owners of any estate subject to condemnation. The applicant shall make an offer in good faith for the purchase of the property or estate subject to the condemnation prior to initiation of the condemnation proceeding.
The following amendments to the Economic Development committee amendment to the bill (Eng. H. B. No. 4048), from the Committee on Government Organization, were reported by the Clerk and adopted:
On pages four and five, section two, by striking out all of subdivision (k) and inserting in lieu thereof a new subdivision (k), to read as follows:
(k) By the State of West Virginia for any and every other public use, object and purpose not herein specifically mentioned, but in no event may "public use", for the purposes of this subdivision, be construed to mean the exercise of eminent domain primarily for private economic development.
For purposes of this subdivision, no private property may be taken by the State of West Virginia or its political subdivisions without the owner's consent when the primary purpose of the taking is economic development that will ultimately result in ownership or control of the property transferring to another private entity, other than one having the power of eminent domain, whether by purchase agreement, long-term lease agreement or any other mechanism whereby ownership or control is effectively transferred: Provided, That a municipal urban renewal authority may exercise a right of eminent domain as to property only within an area designated a slum area or blighted area under the provisions of article eighteen, chapter sixteen of this code.
In this subdivision, "unblighted property" means a tract or parcel of land that is not blighted, and "blighted property" means a tract or parcel of land that, by reason of abandonment, dilapidation, deterioration, age or obsolescence, inadequate provisions for ventilation, light, air or sanitation, high density of population and overcrowding, deterioration of site or other improvements, or the existence of conditions that endanger life or property by fire or other causes, or any combination of such factors, is detrimental to the public health, safety or welfare.
When any area has been declared to be slum and blighted, pursuant to the provisions provided in this code, a private property owner may demonstrate to the municipal authority proposing the condemnation that the property in itself is not a slum or blighted property. Should the private property owner succeed in such demonstration, in order to proceed with condemnation, the municipal authority must then demonstrate that the project or program requiring the clearance of the slum and blighted area:
(1) Cannot proceed without the condemnation of the private property at issue;
(2) That the private property shown not to be blighted cannot be integrated into the proposed project or program once the slum and blighted area surrounding such property is taken and cleared;
(3) That the condemnation of the unblighted property is necessary for the clearance of an area deemed to be slum or blighted;
(4) That other alternatives to the condemnation of the unblighted property are not reasonably practical;
(5) That every reasonable effort has been taken to ensure that the unblighted property and its owners have been given a reasonable opportunity to be included in the redevelopment project or plan without the use of eminent domain;
(6) That no alternative site within the slum and blighted area is available for purchase by negotiation that might substitute as a sight for the unblighted property;
(7) That the redevelopment project or plan could not be restructured to avoid the taking of the unblighted property;
(8) That the redevelopment project or plan could not be carried out by private developers without the use of eminent domain; and
(9) That there is specific use for the unblighted property to be taken and a plan to redevelop and convert the unblighted property from its current use to the stated specific use basically exists.
In each case where the private property owner has demonstrated the property is not blighted or the municipal authority has demonstrated the proposed program or project can not coexist with the private property remaining, either party shall have the right to seek review in the circuit court within the county wherein the property lies to demonstrate that there is a reasonable basis for the decisions made and a need for the condemnation of the property.
All of the rights and remedies contained in article three of this chapter, concerning relocation assistance are available to the private property owner whose unblighted property is being condemned, and if the property to be condemned contains a business owned by the property owner, the property owner is entitled to the amount, if any, which when added to the acquisition cost of the property acquired by the condemning authority, equals the reasonable cost of obtaining a comparable building or property having substantially the same characteristics of the property sought to be taken.
In this subdivision, a municipal urban renewal authority's, as well as the private property owner's burden of proof is by nonarbitrary and noncapricious evidence and based upon fact of record.
By the United States of America for each and every legitimate public use, need and purpose of the government of the United States, within the purview, and subject to the provisions of chapter one of this code.;
On page seven, by striking out everything after section two and inserting in lieu thereof the following:
§54-1-2a. Notice; good faith purchase.
Prior to initiation of any condemnation proceeding pursuant to slum and blight, the applicant must make a reasonable attempt to notify all parties subject to a petition for condemnation provided in section two of this article, and attempt to enter into negotiations for purchase of the property with the owners. The applicant shall make an offer in good faith for the purchase of the property subject to the condemnation prior to initiation of the condemnation proceeding.;
And,
O n page one, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §54-1-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §54-1-2a, all to read as follows:.
The question now being on the adoption of the Economic Development committee amendment to the bill, as amended, the same was put and prevailed.
The bill (Eng. H. B. No. 4048), as amended, was then ordered to third reading.
Eng. House Bill No. 4049, Relating to state funded student financial aid.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Plymale, as chair of the Committee on Education, and by unanimous consent, the unreported Education committee amendment to the bill was withdrawn.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page three, by striking out everything after the enacting clause and inserting in lieu thereof the following:
That §18B-14-9 of the Code of West Virginia, 1931, as amended, be repealed; that §18C-5-8 of said code be repealed; that §18C-7-9 of said code be repealed; that §18C-8-1, §18C-8-2 and §18C-8-3 of said code be repealed; that §18-30-6 of said code be amended and reenacted; that §18B-1B-2 of said code be amended and reenacted; that §18B-4-1 of said code be amended and reenacted; that §18B-10-1 of said code be amended and reenacted; that §18C-1-1, §18C-1-3 and §18C-1-4 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §18C-1-5; that §18C-5-1, §18C-5-2, §18C-5-3, §18C-5-4, §18C-5-5 and §18C-5-6 of said code be amended and reenacted; and that §18C-7-2, §18C-7-3, §18C-7-4, §18C-7-5, §18C-7-6 and §18C-7-7 of said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.

ARTICLE 30. WEST VIRGINIA COLLEGE PREPAID TUITION AND SAVINGS PROGRAM ACT.

§18-30-6. West Virginia prepaid tuition trust.
(a) The Prepaid Tuition Trust Fund is continued within the accounts held by the State Treasurer for administration by the board.
(b) The Prepaid Tuition Trust Fund shall continue to receive all payments from account owners on behalf of beneficiaries of prepaid tuition contracts or from any other source, public or private. Earnings derived from the investment of moneys in the Prepaid Tuition Trust Fund shall remain in the Prepaid Tuition Trust Fund held in trust in the same manner as payments, except as refunded, applied for purposes of the beneficiaries and applied for purposes of maintaining and administering the prepaid tuition plan.
(c) The corpus, assets and earnings of the Prepaid Tuition Trust Fund do not constitute public funds of the state and are available solely for carrying out the purposes of this article. Any contract entered into by or any obligation of the board on behalf of and for the benefit of the prepaid tuition plan does not constitute a debt of the state, but is solely an obligation of the Prepaid Tuition Trust Fund. The state has no obligation to any designated beneficiary or any other person as a result of the prepaid tuition plan. All amounts payable from the Prepaid Tuition Trust Fund are limited to amounts available in the Prepaid Tuition Trust Fund.
(d) Nothing in this article or in any prepaid tuition contract is a promise or guarantee of admission to, continued enrollment in or graduation from an eligible educational institution.
(e) The requirements of the provisions of chapter thirty-two of this code do not apply to the sale of a prepaid tuition contract by the board, its employees and agents.
(f) The prepaid tuition plan and the Prepaid Tuition Trust Fund shall continue in existence until terminated by the Legislature as it determines or by the board upon determining that continued operation is infeasible. Upon termination of the plan and after payment of all fees, charges, expenses and penalties, the assets of the Prepaid Tuition Trust Fund are paid to current account owners, to the extent possible, on a pro rata basis as their interests may appear, and any assets presumed abandoned are reported and remitted to the unclaimed property administrator in accordance with the Uniform Unclaimed Property Act in article eight, chapter thirty-six of this code. Any assets then remaining in the Prepaid Tuition Trust Fund shall revert to the state General Revenue Fund.
(g) Effective the eighth day of March, two thousand three, the prepaid tuition plan is closed to new contracts until the Legislature authorizes the plan to reopen. Closing the plan to new contracts shall not mean the prepaid tuition plan is closed and shall not affect any prepaid tuition plan contracts in effect on the eighth day of March, two thousand three. All contract owners shall continue to pay any amounts due, including, without limitation, monthly installments, penalties and fees. Earnings derived from the investment of moneys in the Prepaid Tuition Trust Fund shall continue to accrue to the fund until the fund is closed in accordance with this article.
(h) The board shall continue to have the actuarial soundness of the Prepaid Tuition Trust Fund evaluated annually.
(i) (1) On or before the first day of December, two thousand three, and each year thereafter, the chairman of the board shall submit to the Governor, the President of the Senate, the Speaker of the House of Delegates, Joint Committee on Government and Finance and the unclaimed property administrator a report certified by an actuary of the actuarial status of the Prepaid Tuition Trust Fund at the end of the fiscal year immediately preceding the date of the report. In the event the report for fiscal year two thousand three states there is a projected unfunded liability in the Prepaid Tuition Trust Fund, the report shall also state the amount needed for the next fiscal year to eliminate the projected unfunded liability in equal payments over a period of ten fiscal years, concluding the thirtieth day of June, two thousand thirteen. In the event the projected unfunded liability of the Prepaid Tuition Trust Fund increases in subsequent reports, the actuary shall calculate the amount needed, less any amount in the Prepaid Tuition Trust Escrow ~~account~~ Fund, to eliminate the projected unfunded liability over a period the actuary determines is fiscally responsible.
(2) The Prepaid Tuition Trust Escrow ~~account~~ Fund is hereby created in the State Treasury to guarantee payment of prepaid tuition plan contracts. The board shall invest the Prepaid Tuition Trust Escrow ~~account~~ Fund in accordance with the provisions of this article in fixed income securities, and all earnings of the escrow ~~account~~ fund shall remain in the escrow ~~account~~ fund.
(3) In the event the actuary determines an unfunded liability exists in the Prepaid Tuition Trust Fund, the report shall certify the amount of money needed for the next fiscal year to eliminate the projected unfunded liability pursuant to the provisions of subdivision (1) of this subsection. The certified amount may not exceed ~~five hundred thousand~~ one million dollars each year. On or before the fifteenth day of December in which the chairman submitted a report stating the amount needed for the next fiscal year to eliminate a projected unfunded liability, the unclaimed property administrator shall transfer the amount requested, not to exceed ~~five hundred thousand~~ one million dollars each year, from the Unclaimed Property Trust Fund to the Prepaid Tuition Trust Escrow ~~account~~ Fund.
(4) In the event the money in the Prepaid Tuition Trust Fund is insufficient to cover the amount of money needed to meet the current obligations of the Prepaid Tuition Trust Fund, the board may withdraw from the Prepaid Tuition Trust Escrow ~~account~~ Fund the amount of money needed to meet current obligations of the Prepaid Tuition Trust Fund.
(5) Notwithstanding any provision of this code to the contrary, the Governor, after consultation with the budget ~~section of the finance division of the department of administration~~ office of the Department of Revenue, may request an appropriation to the board in the amount of the deficiency to meet the current obligations of the Prepaid Tuition Trust Fund, in the budget presented to the next session of the Legislature for its consideration. The Legislature is not required to make any appropriation pursuant to this subsection, and the amount of the deficiency is not a debt or a liability of the state.
(6) As used in this section, "current obligations of the Prepaid Tuition Trust Fund" means amounts required for the payment of contract distributions or other obligations of the Prepaid Tuition Trust Fund, the maintenance of the fund and operating expenses for the current fiscal year.
(7) Nothing in this subsection creates an obligation of state general revenue funds or requires any level of funding by the Legislature.
(8) After the Prepaid Tuition Trust Fund has been closed and all moneys paid in accordance with this section, any moneys remaining in the Prepaid Tuition Trust Escrow ~~account~~ Fund shall be transferred to the General Revenue Fund and the account closed.
(j) To fulfill the charitable and public purpose of this article, neither the earnings nor the corpus of the Prepaid Tuition Trust Fund is subject to taxation by the state or any of its political subdivisions.
(k) Notwithstanding any provision of this code to the contrary, money in the Prepaid Tuition Trust Fund is exempt from creditor process and not subject to attachment, garnishment or other process; is not available as security or collateral for any loan, or otherwise subject to alienation, sale, transfer, assignment, pledge, encumbrance or charge; and is not subject to seizure, taking, appropriation or application by any legal or equitable process or operation of law to pay any debt or liability of any account owner, beneficiary or successor in interest.
(l) No provision of this section may be construed to interfere with the operation of the savings plan authorized under this article.

CHAPTER 18B. HIGHER EDUCATION.

ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.

§18B-1B-2. Composition of commission; terms and qualifications of members; vacancies; eligibility for reappointment; oath of office; removal from office.

(a) The commission is comprised of ten members, all of whom are entitled to vote. The membership of the commission is as follows:
(1) ~~One is the~~ The Secretary of Education and the Arts, ex officio.
(2) ~~One is the~~ The State Superintendent of Schools, ex officio.
(3) ~~One is the~~ The chair of the West Virginia Council for Community and Technical College Education, ~~who is an~~ ex officio. ~~nonvoting member~~;
~~(b)~~ (4) ~~The other seven~~ Seven at large members ~~of the commission~~ who are citizens of the state, appointed by the Governor, by and with the advice and consent of the Senate: Provided, That prior to appointment, the Governor shall interview each candidate to assure that the person selected understands and is committed to achieving the goals and objectives as set forth in the institutional compacts and in section one-a, article one of this chapter. The Governor shall invite the President of the Senate, the Speaker of the House of Delegates, the chairs of the Senate and House of Delegates committees on Finance and Education and such other legislative leaders as the Governor may determine to participate in interviewing potential candidates.
(b) Each ~~member~~ of the at-large members appointed ~~to the commission~~ by the Governor shall represent the public interest and shall be committed to the legislative intent and goals set forth in ~~said section~~ state law and policy.
(c) The Governor may not appoint any person to be a member of the commission who is an officer, employee or member of the council or an advisory board of any state college or university; an officer or member of any political party executive committee; the holder of any other public office or public employment under the government of this state or any of its political subdivisions; an appointee or employee of any governing board; or an immediate family member of any employee under the jurisdiction of the commission, the council or any governing board.
(d) Of the seven at-large members appointed by the Governor: (1) ~~from the public at large, no~~ No more than four ~~thereof~~ may belong to the same political party; ~~and~~
(2) At least two shall be appointed from each congressional district; and
(3) Effective the first day of July, two thousand eight, no more than one member may serve from the same county.
~~(d)~~ (e) The ~~terms of the~~ at-large members appointed by the Governor ~~are for~~ serve overlapping terms of four years.
~~(e)~~ (f) The Governor shall appoint a member to fill any vacancy among the seven at-large members ~~appointed by the governor~~, by and with the advice and consent of the Senate. Any member appointed to fill a vacancy serves for the unexpired term of the vacating member. The Governor shall fill the vacancy within thirty days of the occurrence of the vacancy.
~~(f)~~ (g) A An at-large member appointed by the Governor may not serve more than two consecutive terms.
~~(g)~~ (h) Before exercising any authority or performing any duties as a member of the commission, each member shall qualify as such by taking and subscribing to the oath of office prescribed by section five, article IV of the Constitution of West Virginia and the certificate thereof shall be filed with the Secretary of State.
~~(h)~~ (i) A member of the commission appointed by the Governor may not be removed from office by the Governor except for official misconduct, incompetence, neglect of duty or gross immorality and then only in the manner prescribed by law for the removal of the state elective officers by the Governor.

ARTICLE 4. GENERAL ADMINISTRATION.

§18B-4-1. Employment of chancellors; designation of staff; offices.

(a) The council and commission each shall employ a chancellor to assist in the performance of their respective duties and responsibilities subject to the following conditions:
(1) Each chancellor serves at the will and pleasure of the hiring body.
(2) Neither chancellor may hold or retain any other administrative position within the system of higher education while employed as chancellor.
(3) Each chancellor is responsible for carrying out the directives of the body by whom employed and shall work with that body in developing policy options.
(4) The commission shall designate a limited number of positions that are under the direct control and supervision of the chancellor for higher education. These positions form the nuclear staff of the chancellor's office and may equal no more than fifteen percent of the total number of staff employed by the commission.
~~Nevertheless, regardless of the number or title of the positions so designated,~~ The commission is responsible to the council and the Chancellor for Community and Technical College Education for providing services in areas essential to exercising the powers and duties assigned to the council by law. The commission may not charge the council any fee for the provision of these essential services. The service areas include, but are not limited to, legal services, research, technology, computing, finance and facilities, academic affairs, telecommunications, human resources, student services and any other general areas the council considers to be essential to the exercise of its legal authority. The services are provided under the general supervision of the Vice Chancellor for Administration.
(5) For the purpose of developing or evaluating policy options, the chancellors may request the assistance of the presidents and staff of the institutions under their respective jurisdictions.
(b) In addition to the staff positions designated in subdivision (4), subsection (a) of this section, the Vice Chancellor for Administration, employed pursuant to section two of this article, serves the offices of the chancellors to discharge jointly the duties and responsibilities of the council and commission.
(c) The Vice Chancellor for Health Sciences shall coordinate the West Virginia University School of Medicine, the Marshall University School of Medicine and the West Virginia School of Osteopathic Medicine.
(d) Suitable offices for the Vice Chancellor of Administration and other staff shall be provided in Charleston.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS OF HIGHER EDUCATION.

§18B-10-1. Enrollment, tuition and other fees at education institutions; refund of fees.

(a) Each governing board shall fix tuition and other fees for each school term for the different classes or categories of students enrolling at each state institution of higher education under its jurisdiction and may include among the tuition and fees any one or more of the following as defined in section one-b of this article:
(1) Tuition and required educational and general fees;
(2) Auxiliary and auxiliary capital fees; and
(3) Required educational and general capital fees.
(b) An institution may establish a single special revenue account for each of the following classifications of fees:
(1) All tuition and required educational and general fees collected;
(2) All auxiliary and auxiliary capital fees collected; and
(3) All required educational and general capital fees collected to support existing systemwide and institutional debt service and future systemwide and institutional debt service, capital projects and campus renewal for educational and general facilities.
(4) Subject to any covenants or restrictions imposed with respect to revenue bonds payable from such accounts, an institution may expend funds from each such special revenue account for any purpose for which funds were collected within that account regardless of the original purpose for which the funds were collected.
(c) The purposes for which tuition and fees may be expended include, but are not limited to, health services, student activities, recreational, athletic and extracurricular activities. Additionally, tuition and fees may be used to finance a student's attorney to perform legal services for students in civil matters at the institutions: Provided, That the legal services are limited only to those types of cases, programs or services approved by the administrative head of the institution where the legal services are to be performed.
(d) The commission and council jointly shall propose a rule for legislative approval in accordance with the provisions of article three-a, chapter twenty-nine-a of this code to govern the fixing, collection and expenditure of tuition and other fees.
(e) The Legislature finds that an emergency exists and, therefore, the commission and council jointly shall file the rule required by subsection (d) of this section as an emergency rule pursuant to the provisions of article three-a, chapter twenty-nine-a of this code, subject to the prior approval of the Legislative Oversight Commission on Education Accountability.
(f) The schedule of all tuition and fees, and any changes therein, shall be entered in the minutes of the meeting of the appropriate governing board and the board shall file with the commission or council, or both, as appropriate, and the Legislative Auditor a certified copy of such schedule and changes.
(g) The boards shall establish the rates to be charged full-time students, as defined in section one-b of this article, who are enrolled during a regular academic term.
(1) Undergraduate students taking fewer than twelve credit hours in a regular term shall have their fees reduced pro rata based upon one twelfth of the full-time rate per credit hour and graduate students taking fewer than nine credit hours in a regular term shall have their fees reduced pro rata based upon one ninth of the full-time rate per credit hour.
(2) Fees for students enrolled in summer terms or other nontraditional time periods shall be prorated based upon the number of credit hours for which the student enrolls in accordance with the above provisions.
(h) All fees are due and payable by the student upon enrollment and registration for classes except as provided in this subsection:
(1) The governing boards shall permit fee payments to be made in installments over the course of the academic term. All fees shall be paid prior to the awarding of course credit at the end of the academic term.
(2) The governing boards also shall authorize the acceptance of credit cards or other payment methods which may be generally available to students for the payment of fees. The governing boards may charge the students for the reasonable and customary charges incurred in accepting credit cards and other methods of payment.
(3) If a governing board determines that a student's finances are affected adversely by a legal work stoppage, it may allow the student an additional six months to pay the fees for any academic term. The governing board shall determine on a case-by-case basis if the finances of a student are affected adversely.
(4) The commission and council jointly shall propose a rule in accordance with the provisions of article three-a, chapter twenty-nine-a of this code defining conditions under which an institution may offer tuition and fee deferred payment plans through the institution or through third parties.
(5) An institution may charge interest or fees for any deferred or installment payment plans.
(i) In addition to the other fees provided in this section, each governing board may impose, collect and distribute a fee to be used to finance a nonprofit, student-controlled public interest research group if the students at the institution demonstrate support for the increased fee in a manner and method established by that institution's elected student government. The fee may not be used to finance litigation against the institution.
(j) Institutions shall retain tuition and fee revenues not pledged for bonded indebtedness or other purposes in accordance with the tuition rule proposed by the commission and council jointly pursuant to this section. The tuition rule shall:
(1) Provide a basis for establishing nonresident tuition and fees;
(2) Allow institutions to charge different tuition and fees for different programs;
(3) Provide that a board of governors may propose to the commission, council or both, as appropriate, a mandatory auxiliary fee under the following conditions:
(A) The fee shall be approved by the commission, council or both, as appropriate, and either the students below the senior level at the institution or the Legislature before becoming effective;
(B) Increases may not exceed previous state subsidies by more than ten percent;
(C) The fee may be used only to replace existing state funds subsidizing auxiliary services such as athletics or bookstores;
(D) If the fee is approved, the amount of the state subsidy shall be reduced annually by the amount of money generated for the institution by the fees. All state subsidies for the auxiliary services shall cease five years from the date the mandatory auxiliary fee is implemented;
(E) The commission, council or both, as appropriate, shall certify to the Legislature by the first day of October in the fiscal year following implementation of the fee, and annually thereafter, the amount of fees collected for each of the five years;
(4) Establish methodology, where applicable, to ensure that, within the appropriate time period under the compact, community and technical college tuition rates for community and technical college students in all independently accredited community and technical colleges will be commensurate with the tuition and fees charged by their peer institutions.
(k) A penalty may not be imposed by the commission or council upon any institution based upon the number of nonresidents who attend the institution unless the commission or council determines that admission of nonresidents to any institution or program of study within the institution is impeding unreasonably the ability of resident students to attend the institution or participate in the programs of the institution. The institutions shall report annually to the commission or council on the numbers of nonresidents and such other enrollment information as the commission or council may request.
(l) Tuition and fee increases of the governing boards, except for the governing boards of the state institutions of higher education known as Marshall University and West Virginia University, are subject to rules adopted by the commission and council jointly pursuant to this section and in accordance with the provisions of article three-a, chapter twenty-nine-a of this code.
(1) Subject to the provisions of ~~subdivision~~ subdivisions (4) and (8) of this subsection, a governing board of an institution under the jurisdiction of the commission may propose tuition and fee increases of up to nine and one-half percent for undergraduate resident students for any fiscal year. The nine and one-half percent total includes the amount of increase over existing tuition and fees, combined with the amount of any newly established, specialized fee which may be proposed by a governing board.
(2) A governing board of an institution under the jurisdiction of the council may propose tuition and fee increases of up to four and three quarters percent for undergraduate resident students for any fiscal year. The four and three-quarters percent total includes the amount of increase over existing tuition and fees, combined with the amount of any newly established, specialized fee which may be proposed by a governing board.
(3) The commission or council, as appropriate, shall examine individually each request from a governing board for an increase.
(4) ~~The~~ Subject to the provisions of subdivision (8) of this subsection, the governing boards of Marshall University and West Virginia University, as these provisions relate to the state institutions of higher education known as Marshall University and West Virginia University, each may annually:
(A) Increase tuition and fees for undergraduate resident students to the maximum allowed by this section without seeking approval from the commission; and
(B) Set tuition and fee rates for post-baccalaureate resident students and for all nonresident students, including establishing regional tuition and fee rates, reciprocity agreements or both.
(C) The provisions of this subdivision do not apply to tuition and fee rates of the administratively linked institution known as Marshall Community and Technical College, the administratively linked institution known as the Community and Technical College at West Virginia University Institute of Technology and the regional campuses known as West Virginia University Institute of Technology and West Virginia University at Parkersburg.
(5) Any proposed tuition and fee increase for state institutions of higher education other than the state institutions of higher education known as Marshall University and West Virginia University requires the approval of the commission or council, as appropriate. In determining whether to approve or deny the governing board's request, the commission or council shall determine the progress the institution has made toward meeting the conditions outlined in this subdivision and shall make this determination the predominate factor in its decision. The commission or council shall consider the degree to which each institution has met the following conditions:
(A) Has maximized resources available through nonresident tuition and fee charges to the satisfaction of the commission or council;
(B) Is consistently achieving the benchmarks established in the compact of the institution pursuant to the provisions of article one-a of this chapter;
(C) Is continuously pursuing the statewide goals for post-secondary education and the statewide compact established in articles one and one-a of this chapter;
(D) Has demonstrated to the satisfaction of the commission or council that an increase will be used to maintain high-quality programs at the institution;
(E) Has demonstrated to the satisfaction of the commission or council that the institution is making adequate progress toward achieving the goals for education established by the southern regional education board; and
(F) To the extent authorized, will increase by up to five percent the available tuition and fee waivers provided by the institution. The increased waivers may not be used for athletics.
(6) This section does not require equal increases among institutions or require any level of increase at an institution.
(7) The commission and council shall report to the Legislative Oversight Commission on Education Accountability regarding the basis for each approval or denial as determined using the criteria established in subdivision (5) of this subsection.
(8) Notwithstanding the provisions of subdivisions (1) and (4) of this subsection, tuition and fee increases at state institutions of higher education which are under the jurisdiction of the commission, including the state institutions of higher education known as Marshall University and West Virginia University, are subject to the following conditions:
(A) Institutions may increase tuition and fees for resident, undergraduate students by no more than an average of seven and one-half percent per year during any period covering four consecutive fiscal years, with the first fiscal year of the first four-fiscal year cycle beginning on the first day of July, two thousand seven:
(B) The seven and one-half percent average cap does not apply to an institution for any fiscal year in which the total state base operating budget appropriations to that institution are reduced from the total state base operating budget appropriations in the fiscal year immediately preceding.
(C) A new capital fee or an increase in an existing capital fee that has been approved by an institutional governing board or by a referendum of an institution's undergraduate students, or both, on or before the first day of February, two thousand six, which will take effect on or after the first day of July, two thousand six, is excluded from the tuition increase calculation.
(D) Institutions shall provide, in a timely manner, any and all data on tuition and fee increases requested by the staff of the commission. The commission has the power and the duty to collect this data from the institutions under its jurisdiction and to provide a detailed analysis of institutional compliance with the provisions of this subsection to the Legislative Oversight Commission on Education Accountability no later than the first day of July of each year.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
ARTICLE 1. FINANCIAL ASSISTANCE GENERALLY.

§18C-1-1. Legislative findings; purpose; administration generally.

(a) The Legislature finds:
(1) That although enrollments in institutions of higher education in this state and throughout the nation continue to increase at a rapid pace, there continues to exist an underdevelopment of the state's human talent and resources because of the inability of many able, but needy, students to finance a higher education program;
(2) That the state can achieve its full economic and social potential only when the following elements are in place:
(A) Every individual has the opportunity to contribute to the full extent of his or her capability; and
(B) The state assists in removing such financial barriers to the individual's education goals as may remain after he or she has utilized all resources and work opportunities available;
(b) The ultimate state goal in providing student financial aid is to create a culture that values education, to improve the quality of the state's workforce and thereby to enhance the quality of life for the citizens of West Virginia.
(c) The ~~senior administrator~~ Vice Chancellor for Administration jointly employed by the ~~chancellors of the board of trustees and the board of directors shall as provided in section two, article four, chapter eighteen-b of this code, have~~ commission and the council has a ministerial duty to administer, oversee or monitor all state and federal student loan, scholarship and state aid programs which are administered at the state level in accordance with established guidelines ~~in consultation with and~~ under the direction of the ~~governing boards~~ commission and council and in consultation with the Higher Education Student Financial Aid Advisory Board.
(d) Such programs include, but are not limited to, the following programs pursuant to the provisions of this chapter:
(1) The Guaranteed Student Loan Program, ~~under this article~~ which may be administered by a private nonprofit agency;
(2) The Medical Student Loan Program; ~~under article three of this chapter~~
(3) The Underwood-Smith Teacher Scholarship Program; ~~under article four of this chapter; the state scholarship program, commonly known as~~
(4) The Engineering, Science and Technology Scholarship Program;
(5) The West Virginia Higher Education Grant Program; ~~under article twenty-two-b, chapter eighteen of this code~~
(6) The Higher Education Adult Part-Time Student Grant Program;
(7) The Higher Education Student Assistance Loan Program under article twenty-two-d, chapter eighteen of this code;
(8) The West Virginia ~~Higher Education Tuition Trust Act~~ College Prepaid Tuition and Savings Program under article thirty, chapter eighteen of this code, which ~~shall be~~ is administered by the State Treasurer ~~as provided in said article~~;
(9) The state aid programs for students of optometry, ~~under~~ pursuant to article three of this chapter;
(10) The state aid programs for students of veterinary medicine ~~under~~ pursuant to section six-a, article eleven, chapter eighteen of this code;
(11) Any reciprocal program and contract program for student aid under sections three and four, article four, chapter eighteen-b of this code;
(12) Any other state-level student aid program ~~under~~ in this code; and
(13) Any federal grant or contract student assistance or support programs administered at the state level.

§18C-1-3. Additional legislative findings; purpose of financial aid programs.

(a) Legislative findings. --
(1) Education attainment is inextricably linked to economic development, and, in the current global economy, the state is competing not only with other states, but also with other countries;
(2) The federal government no longer funds student financial aid as generously as it has in the past. Therefore, the state must commit to increase both access and affordability to higher education opportunities for its citizens;
(3) In recent years the state has substantially increased appropriations to both merit-based and need-based student financial aid programs;
(4) The ultimate state goal in providing student financial aid is to create a culture that values education and improve the quality of the state's workforce, thereby enhancing the quality of life for its citizens;
(5) The state can provide a successful system of student financial aid only by balancing the needs of students from all levels of financial need and academic ability;
(6) A comprehensive system of student financial aid will yield the maximum return on the state's investment by increasing the skills, qualifications and education achievement of citizens from all backgrounds;
(7) Sources of student financial aid can be distinguished as providing either access or affordability to higher education opportunities;
(8) Access refers to a student's financial ability to pursue post-secondary education. Affordability refers a student's freedom to choose where to attend college based on available resources; and
(9) West Virginia is committed to making post-secondary education both accessible and affordable for its citizens. To this end, it is essential that the state provide multiple financial aid programs which accomplish different goals;
(b) Purposes of financial aid programs. --
(1) The West Virginia Higher Education Grant Program is a need-based program that provides funding primarily to traditional college-age students who do not have sufficient financial resources to attempt post-secondary education. This grant program is a vitally important source of financial assistance for needy residents of the state and should continue to receive strong financial support.
(2) The HEAPS Grant Program is a need-based program that provides funding primarily to nontraditional college students, including:
(A) Adult students who desire to pursue post-secondary education on a part-time basis and who do not qualify for other forms of financial assistance;
(B) Place-bound students, often parents employed full-time, who require evening and weekend access to college courses; and
(C) Individuals pursuing workforce training or skill development training necessary to enter the job market quickly.
(3) The Underwood-Smith Teacher Scholarship Program is a merit-based program that encourages students who have demonstrated outstanding academic abilities to pursue teaching careers. This program serves to meet West Virginia's statewide, geographic and discipline-specific needs for highly qualified teachers.
(4) The West Virginia Engineering, Science and Technology Scholarship Program is a merit-based program that encourages talented students to pursue baccalaureate degrees in engineering, science and technology-related disciplines. This program serves to increase the size and quality of the pool of individuals pursuing careers in engineering, science and technology-related fields.
(5) The PROMISE Scholarship Program is a merit-based program that enhances student achievement by encouraging high school students to work harder to attain the necessary grades and test scores to qualify for a PROMISE scholarship and provides an incentive for the most capable students to attend college in the state. PROMISE provides affordability to traditional college-age students.
(c) An appropriate blend of student financial aid programs provides the state with the necessary tools to educate its citizenry for a broad range of economic opportunities:
(1) Without proper funding for need-based programs, lower income students may not be able to realize their full potential; (2) Adults may not obtain the training they need to compete in the current and future job market;
(3) High-achieving students may not pursue rigorous courses in high school or attend college in West Virginia, all of which contribute to devaluing post-secondary education and perpetuating the culture of educational underachievement; and
(4) The state must continue to strive to support equally the need-based and merit-based student financial aid programs.

§18C-1-4. Eligibility of commuting students and children of military personnel for state-funded student financial aid, grants and scholarships.

(a) Notwithstanding any other provision of this code or rule of the higher education policy commission to the contrary, a person who has met all other conditions of eligibility for state funded financial aid, grants, or scholarships shall not be deemed ineligible for state funded financial aid, grants or scholarship based solely upon his or her attendance at a private high school outside the state if: (1) During his or her attendance at the school outside the state, the student was residing ~~with his or her parent or legal guardian in this state~~ to the contrary, a student who attended a public or private high school outside the state is eligible for state-funded student financial aid, grants and scholarships if the following conditions apply:
(1) The student meets all other eligibility requirements for the aid, grant or scholarship; and
(A) The student resided with his or her parent or legal guardian in West Virginia while attending high school in another state and that parent or legal guardian was a resident of this state and had been a resident of this state for at least two years ~~prior to~~ immediately preceding the student's attendance at the school;
~~(2)~~ (B) The student commuted during the school term on a daily basis from this state to ~~attend~~ the school; ~~in another state~~
~~(3)~~ (C) The student is a dependent of the parent or legal guardian upon ~~which~~ whom eligibility is based; ~~and~~
(D) The student has not established domicile outside the state; and
(E) The school which the student attended meets criteria established at the discretion of the State Superintendent of Schools, as defined in section one, article one, chapter eighteen of this code:
(i) The school is fully accredited in the state of its location to the degree acceptable to the State Superintendent of Schools; ~~of this state in his or her discretion~~ and
~~(5)~~ (ii) The school's curriculum requirements for graduation are ~~the same as~~ equivalent to the curriculum requirements for graduation in this state, or sufficiently similar to those requirements, as determined by the State Superintendent of Schools; ~~of this state in his or her discretion.~~ or
~~(b)~~ (2) ~~Nothing in this~~ The student meets all other eligibility requirements for the aid, grant or scholarship; and the student resided and attended high school in another state or a United States territory, United States possession or foreign country and resided with his or her parent or legal guardian who met the following conditions:
(i) Served in the United States armed forces while the student attended high school in that state, territory, possession or country;
(ii) Was stationed for military purposes in that state, territory, possession or country; and
(iii) Maintained legal residence in West Virginia while stationed in that state, territory, possession or country.
(b) This section may not be construed to alter, amend or extend any application deadlines or other requirements established by law or policy.
(c) The provisions of this section expire on the thirtieth day of June, two thousand ten.
§18C-1-5. Higher Education Student Financial Aid Advisory Board.
(a) The Higher Education Student Financial Aid Advisory Board is established.
(b) The purpose of the board is to provide financial aid expertise and policy guidance to the commission, the council, the PROMISE Scholarship Board of Control, the Vice Chancellor for Administration and the Executive Director of the PROMISE Scholarship Program on all matters related to federal, state and private student financial aid resources and programs.
(c) It is the intent of the Legislature that the advisory board have the following responsibilities:
(1) Recommend methods to balance the needs of state students from all levels of financial need and academic ability by focusing attention on multiple financial aid programs which meet a variety of state objectives;
(2) Recommend methods for achieving a comprehensive system of student financial aid:
(A) To maximize the return on the state's investment in such programs by increasing the skills, qualifications and education achievement of the citizens receiving the benefits; and
(B) To establish methods for coordinating administration among state-funded student financial aid programs so that the state achieves the appropriate blend of student financial aid programs to expand the range of economic opportunities available to state citizens;
(d) The advisory board consists of twelve members as follows:
(1) The chair of the Higher Education Policy Commission or a designee who is a member of the commission;
(2) The chair of the Council for Community and Technical College Education or a designee who is a member of the council;
(3) The State Superintendent of Schools or a designee;
(4) The Secretary of Education and the Arts or a designee;
(5) The State Treasurer or a designee;
(6) A member of the PROMISE Scholarship Board of Control selected by the board;
(7) Three financial aid administrators, excluding the president of the West Virginia Association of Student Financial Aid Administrators.
(A) All institutional members are appointed by the Vice Chancellor for Administration in consultation with the commission and the council, as appropriate. Of the initial appointments, the vice chancellor shall appoint one member to a two-year term, one member to a three-year term and one member to a four-year term. Thereafter, all terms are for four years.
(B) It is the duty of the Vice Chancellor for Administration to select institutional members so that financial aid administrators employed by the following types of institutions have an opportunity to serve on a rotating basis:
(i) State institutions of higher education which are doctoral degree-granting research universities;
(ii) State institutions of higher education which primarily grant baccalaureate degrees;
(iii) State institutions of higher education which are free-standing community and technical colleges;
(iv) State institutions of higher education which are administratively linked community and technical colleges; and
(v) Private institutions of higher education which are regionally accredited and located within the state.
(8) Three at-large private sector members who are appointed jointly by the commission and the council. Of the initial appointments, the commission and the council jointly shall appoint one member to a two-year term, one member to a three-year term and one member to a four-year term. Thereafter, all terms are for four years.
(A) At-large members shall:
(i) Be representative of the state's business and economic community;
(ii) Demonstrate knowledge, skill and experience in an academic, business or financial field; and
(iii) Reside within the state.
(B) At-large members may not:
(i) Be a member of a governing board or institutional board of advisors of any public or private institution of higher education; nor
(ii) Be a publicly elected official or an employee of any state, county or municipal agency.
(e) No more than two of the at-large members may be from the same political party and no more than one shall reside in the same congressional district.
(1) After the initial appointments, each appointed member serves a term of four years and may be reappointed upon expiration of the term.
(2) In the event of a vacancy among appointed members, the commission and the council shall appoint a person for the remainder of the unexpired term to represent the same interests as those of the original appointee. A person appointed to fill a vacancy is eligible for reappointment. Unless a vacancy occurs due to death or resignation, an appointed member continues to serve until a successor has been appointed and qualified as provided in this section.
(f) Members of the advisory board serve without compensation, but are entitled to reimbursement by the commission for expenses, including travel expenses, which are actually incurred by the member in the official conduct of the business of the advisory board. Members are reimbursed in a manner consistent with rules of the Higher Education Policy Commission.
ARTICLE 5. HIGHER EDUCATION GRANT PROGRAM.

§18C-5-1. Grant program established; legislative purpose and intent; rule required.

(a) The Higher Education Grant Program is continued.
(b) It is the policy of the Legislature and the purpose of this article to continue the Higher Education Grant Program within the limits of appropriations made therefor, from time to time, for such purpose by the Legislature.
(1) The Grant Program is designed to guarantee that the most able and needy students from all sectors of the state are given the opportunity to continue their program of self-improvement in an approved institution of higher education of their choice located in this state;
(2) The Grant Program is a vitally important source of financial assistance for needy residents of the state; and
(3) The Grant Program aids lower income students to realize their full academic potential.
(c) Therefore, in recent years the state has substantially increased appropriations to need-based student financial aid programs.
(d) The commission, in consultation with the council and the advisory board, shall propose a legislative rule in accordance with the provisions of article three-a, chapter twenty-nine-a of this code to implement the provisions of this article. The commission shall file the rule with the Legislative Oversight Commission on Education Accountability no later than the first day of September, two thousand six. The rule shall address administration of the grant program, including, but not limited to, the following:
(1) Eligibility criteria for awards;
(2) Coordination with other financial aid programs; and
(3) Appeal procedures.
§18C-5-2. Definitions.
(a) "Approved institution of higher education" means:
(1) A state institution of higher education as defined in section two, article one, chapter eighteen-b of this code; Alderson-Broaddus College, Appalachian Bible College, Bethany College, Mountain State University, Davis and Elkins College, Ohio Valley ~~College~~ University, Salem International University, the University of Charleston, West Virginia Wesleyan College and Wheeling Jesuit ~~College~~ University, all in West Virginia; and
(2) Any other regionally or nationally accredited institution of higher education in this state, public or private, approved by the vice chancellor ~~for Administration~~ if the institution has been licensed for a minimum of fifteen years subject to the provisions of section ~~five, article three~~ nine, article two-b, chapter eighteen-b of this code and section ~~four, article one-b of said chapter~~ six of said article.
(b) "Grant" or "grant program" means a higher education grant or the higher education grant program authorized and established by the provisions of this article.
(c) "Senior administrator" ~~means~~ and "vice chancellor" mean the Vice Chancellor for Administration, as provided in section two, article ~~one~~ four, chapter eighteen-b of this code.
§18C-5-3. Grant program administered by Vice Chancellor for Administration; Higher Education Grant Fund created.

(a) The grant program established ~~and authorized by this article shall be~~ in this article is administered by the ~~senior administrator. Moneys appropriated or otherwise available for this purpose, shall be allocated by line item to an appropriate account~~ Vice Chancellor for Administration.
(b) There is hereby created a special revenue fund in the State Treasury which is designated and known as the Higher Education Grant Fund.
(1) The fund consists of:
(A) All appropriations by the Legislature for the higher education grant program;
(B) Any gifts, grants or contributions received for the higher education grant program; and
(C) All interest or other income earned from investment of the fund.
(2) The fund does not consist of federal funds received nor higher education resource assessment funds received pursuant to section two, article ten, chapter eighteen-b of this code.
(3) Any moneys remaining in the fund at the close of the fiscal year are carried forward for use in the next fiscal year.
(4) The allocations to the fund are subject to appropriation by the Legislature.
(5) Nothing in this article requires any specific level of funding by the Legislature nor guarantees nor entitles any individual to any benefit or grant of funds.
(c) For the fiscal year beginning the first day of July, two thousand six, it is the intent of the Legislature to appropriate twenty-five million dollars for the grant program. For each fiscal year thereafter until and including the fiscal year ending the thirtieth day of June, two thousand eleven, it is the intent of the Legislature to appropriate two percent more than each prior year's appropriation for the grant program. For the fiscal year beginning the first day of July, two thousand eleven, and in each fiscal year thereafter, it is the intent of the Legislature to appropriate an amount for the grant program equal to the amount appropriated for the fiscal year beginning the first day of July, two thousand eleven.
(d) The vice chancellor may expend the moneys in the fund to implement the provisions of this article.
§18C-5-4. Powers and duties of Vice Chancellor for Administration.
Subject to the provisions of this article and within the limits of appropriations made by the Legislature, the ~~senior administrator is authorized and empowered to~~ vice chancellor may:
(1) Prepare and supervise the issuance of public information concerning the grant program;
(2) Prescribe the form and regulate the submission of applications for grants;
(3) ~~Administer or contract for the administration of such examinations as may be prescribed by the senior administrator;~~
~~(4)~~ Select qualified recipients of grants;
~~(5)~~ (4) Award grants;
~~(6)~~ (5) Accept grants, gifts, bequests and devises of real and personal property for the purposes of the grant program;
~~(7)~~ (6) Administer federal and state financial loan programs;
~~(8)~~ (7) Cooperate with approved institutions of higher education in the state and their governing boards in the administration of the grant program;
~~(9)~~ (8) Make the final decision pertaining to residency of an applicant for grant or renewal of grant;
~~(10)~~ (9) Employ, ~~or engage such professional and administrative~~ fix the duties of and compensate such employees as may be necessary to assist the ~~senior administrator~~ vice chancellor in the performance of ~~the~~ his or her duties; and ~~responsibilities; who shall serve at the will and pleasure and under the direction and control of the senior administrator~~
(11) Employ or engage such clerical and other employees as may be necessary to assist the senior administrator in the performance of the duties and responsibilities, who shall be under the direction and control of the senior administrator;
~~(12) Prescribe the duties and fix the compensation of all such employees; and~~
~~(13)~~ (10) Administer the higher education adult part-time student ~~higher education~~ grant program established ~~under~~ in section seven of this article.

§18C-5-5. Eligibility for a grant.

A person ~~shall be~~ is eligible for consideration for a grant if the person:
(1) Is a citizen of the United States;
(2) Has been a resident of the state for one year immediately preceding the date of application for a grant ~~or a renewal of a grant~~;
(3) Meets the admission requirements of, and is admitted into, the approved institution of higher education to which admission is sought; or meets the admission requirements of a three-year registered nurse diploma program which is offered by a nonprofit West Virginia hospital and approved by the West Virginia board of examiners for registered professional nurses; and is subsequently admitted and
(4) Satisfactorily meets the qualifications of financial need, ~~and~~ academic promise ~~as well as~~ and academic achievement as established by the ~~senior administrator~~ vice chancellor.
§18C-5-6. Recipients, awards and distribution of grant awards; authority of vice chancellor to enter into reciprocal agreements with other states concerning grants.

(a) ~~The~~ A grant recipient ~~is free to~~ may attend any approved institution of higher education. in this state or any three-year registered nurse diploma program which is approved by the West Virginia board of examiners for registered professional nurses and which is offered at a nonprofit West Virginia hospital. The An institution is not required to accept ~~the~~ a grant recipient for enrollment, but ~~is free to~~ may exact compliance with its own admission requirements, standards and policies.
(b) Grants may only be ~~made~~ awarded to undergraduate students. ~~and to students enrolled in approved three-year registered nurse diploma programs as provided in this article.~~
(c) Each grant is renewable until the course of study is completed, but not to exceed an additional three academic years beyond the first year of the award. ~~These may not necessarily~~ The academic years are not required to be consecutive years, and the grant will be terminated if the student receives a bachelor's degree in a shorter period of time.
(d) Qualifications for renewal ~~will~~ include the following, as determined by the vice chancellor:
(1) Maintaining satisfactory academic standing;
(2) Making normal progress toward completion of the course of study; and
(3) Continued eligibility. ~~as determined by the senior administrator. Grant awards shall be made without~~
(e) Grants are awarded:
(1) Without regard to the applicant's race, creed, color, sex, national origin or ancestry; and ~~in making grant awards, the senior administrator~~
(2) In accordance with the provisions of this article.
(f) The vice chancellor shall treat all approved institutions of higher education in a fair and equitable manner when awarding grants. ~~The senior administrator from time to time~~
(g) The vice chancellor periodically shall identify areas of professional, vocational and technical expertise that are, or will be become, of critical need in this state. ~~and~~ To the extent feasible the vice chancellor may direct grants to students ~~that~~ who are pursuing instruction in those areas.
(h) The ~~senior administrator~~ vice chancellor may enter into reciprocal agreements with state grant and grant program agencies in other states which provide financial assistance to their residents attending institutions of higher education located in West Virginia. In connection therewith, the ~~senior administrator~~ vice chancellor may authorize residents of West Virginia to use financial assistance under this article to attend institutions of higher education in such other states. Residents of West Virginia requesting financial assistance to attend institutions of higher education located in any such ~~states~~ state must meet all of the eligibility standards set forth in section five of this article.
(i) Grant awards ~~are limited to the lesser of the payment of~~ may not exceed the cost of the tuition and those related compulsory fees charged by an institution to all West Virginia undergraduate students. or an amount equal to the average state general fund support for each full-time equivalent student at state institutions of higher education for the preceding academic year as calculated by the senior administrator
(j) Grant payments are made directly to the institution.
(k) In the event that a grant recipient transfers from one approved institution of higher education ~~or approved three-year registered nurse diploma program~~ to another, ~~approved institution of higher education or approved three-year registered nurse diploma program~~ the grant is transferable only with the approval of the ~~senior administrator. Should the recipient terminate~~ vice chancellor.
(l) If a recipient terminates enrollment for any reason during the academic year, the unused portion of the grant shall be returned by the institution to the ~~appropriate governing board in accordance with the governing board's~~ commission in accordance with the commission's policy for issuing refunds. ~~for~~ The commission shall transfer such funds to the appropriate account ~~and~~ for allocation ~~for~~ and expenditure pursuant to the provisions of this article.
ARTICLE 7. WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR MAXIMIZING IN-STATE STUDENT EXCELLENCE SCHOLARSHIP PROGRAM.

§18C-7-2. Legislative findings and purpose.
(a) The Legislature ~~hereby~~ finds and declares that:
~~(a) The state's college-going rate does not compare favorably with the member states of the southern regional education board average, nor with the national average~~
~~(b)~~ (1) West Virginia must have an educated work force in order to attract and retain the high wage, high skill jobs of the ~~next~~ twenty-first century;
~~(c)~~ (2) A large percentage of West Virginia residents who graduate from the state's colleges and universities do not work in the state following graduation;
~~(d)~~ (3) The percentage of West Virginia's adult population over the age of twenty-five with at least a ~~bachelor's degree is only fourteen~~ baccalaureate degree is less than fifteen percent and does not compare favorably with the member states of the southern regional education board average or nor with the national average of twenty-five percent;
~~(e) Increases in the level of education increases the income earned by an individual, which enhances his or her quality of life~~
(4) Higher levels of education attainment result in higher levels of personal income over a lifetime;
(5) Students who acquire a baccalaureate degree will earn an estimated one million dollars more over their lifetimes than those who attain only a high school diploma. This translates into an increased tax base and economic development for West Virginia and more discretionary income for its citizens;
(f) During the year one thousand nine hundred ninety-seven, an individual holding a bachelor's degree had an average earned income which was one hundred seventy-seven percent of the average income earned by a high school graduate;
~~(g)~~ (6) Students at all education levels should have an incentive to perform at a high academic level;
~~(h)~~ (7) There is a need to provide parents with all tools possible to aid them in helping their children understand the importance of high academic achievement in high school and college; ~~(i) There is a financial need for many students who wish to attend state institutions of higher education within the state;~~
~~(j)~~ (8) The PROMISE Scholarship Program is highly successful and should be maintained with merit as its strongest component, as the merit component:
(A) Provides an incentive for students to set high academic standards in high school;
(B) Encourages students to increase their high school achievement levels;
(C) Encourages students to enroll in more rigorous courses;
(D) Effects a culture change in West Virginia towards increased education attainment;
(E) Results in improved ACT scores in the state since the inception of the program; and
(F) Influences increased numbers of students, including those students who are the highest academic achievers, to remain in West Virginia to attend college.
~~(k)~~ (b) It is the ~~intent~~ purpose of this article to ~~establish a~~ continue the West Virginia PROMISE Scholarship Program to deal effectively with the findings set forth in this section.
(c) Nothing in this article guarantees a PROMISE scholarship award or the amount of a PROMISE scholarship award to any student or guarantees that the requirements necessary for a student to qualify for a PROMISE scholarship will not be changed by legislation or rule before a student is eligible for an award.
§18C-7-3. Definitions.
(a) "Eligible institution" means:
(1) A state institution of higher education as is defined in section two, article one, chapter eighteen-b of this code;
(2) Alderson-Broaddus College, Appalachian Bible College, Bethany College, ~~the College of West Virginia~~ Davis and Elkins College, Mountain State University, Ohio Valley ~~College~~ University, ~~Salem International University~~, the University of Charleston, West Virginia Wesleyan College and Wheeling Jesuit University, all in West Virginia. ~~Provided, That~~ ~~If any~~ Any institution listed in this subdivision ~~is not regionally accredited, it shall not be included as and eligible institution;~~ ceases to be an eligible institution if it:
(A) Loses regional accreditation; or
(B) Changes its status as a private, not-for-profit institution;
(3) Any other regionally accredited institution in this state, public or private, approved by the board.
(b) "Board" means the West Virginia PROMISE Scholarship Board of Control of the West Virginia PROMISE Scholarship Program as provided for in section four of this article.
(c) "Tuition" means the quarter, semester or term charges imposed by a state institution of higher education and all mandatory fees required as a condition of enrollment by all students.
(d) "Enrolled" means either currently enrolled or in the process of enrolling in an eligible institution.

§18C-7-4. Appointment of the PROMISE Scholarship Board of Control; compensation; proceedings generally.

(a) ~~On the effective date of this section, the board of the PROMISE scholarship program is abolished.~~
~~As soon as practical after the effective date of this section, the governor shall appoint~~ The West Virginia PROMISE Scholarship Board of Control is comprised of fifteen members. ~~as follows:~~ Any member appointed by the Governor prior to the effective date of this section may continue to serve the term for which the member has been appointed: Provided, That by the first day of April, two thousand seven, and thereafter, the membership of the board is comprised as follows:
(1) The chairperson of the ~~higher education policy~~ commission or a designee who is a member of the commission;
(2) The chancellor of the ~~higher education policy~~ commission or his or her designee;
(3) The State Superintendent of Schools or his or her designee;
(4) The Secretary of Education and the Arts;
(5) The State Treasurer or his or her designee;
(6) The President of the West Virginia Association of Student Financial Aid Administrators;
(7) The executive director of the Governor's Workforce Investment Division;
(8) Eight at large members, appointed by the Governor with the advice and consent of the Senate:
(A) One of the eight at-large members has knowledge, skill and expertise in state and federal financial aid policy and management;
(B) ~~Ten private sector~~ Seven of the eight at-large members ~~representative of~~ represent the state's business and economic community and have knowledge, skill and experience in an academic, business or financial field. ~~Any member appointed by the governor prior to the effective date of this section may continue to serve the term for which the member has been appointed.~~
(C) The ~~ten appointed~~ eight at-large members shall be residents of the state. ~~The ten appointed members shall be appointed by the governor with the advice and consent of the Senate.~~ No more than ~~six~~ five of the ~~ten appointed~~ eight at-large members may be from the same political party. No more than ~~four~~ three of the ~~ten appointed~~ eight at-large members may be from the same congressional district.
(b) ~~Appointed~~ At-large members ~~shall~~ serve a term of four years and may be reappointed at the expiration of their terms. In the event of a vacancy among ~~appointed~~ at-large members, the Governor shall appoint a person representing the same interests to fill the unexpired term. A person appointed to fill a vacancy shall be appointed only for the remainder of that term and is eligible for reappointment. Unless a vacancy occurs due to death, resignation or removal pursuant to subsection (e) of this section, an ~~appointed~~ at-large member of the board shall continue to serve until a successor has been appointed and qualified as provided in subsection (a) of this section. Of the initial appointments, the governor shall appoint three members to a one-year term, two members to a two-year term, three members to a three-year term and two members to a four-year term. Thereafter, All terms ~~shall be~~ are for four years.
(c) Members of the board shall serve without compensation, but shall be reimbursed by the Office of the Secretary of Education and the Arts for expenses, including travel expenses, actually incurred by a member in the official conduct of the business of the board at the same rate as is paid the employees of the state.
(d) The Secretary of Education and the Arts is the chairperson and presiding officer of the board. A majority of the members of the board constitute a quorum for the transaction of business.
(e) The at-large members appointed by the Governor may be removed by the Governor for official misconduct, incompetence, neglect of duty or gross immorality and then only in the manner prescribed by law for the removal by the Governor of the state elective officers in accordance with section five, article six, chapter six of this code.
§18C-7-5. Powers and duties of the West Virginia PROMISE Scholarship Board of Control.

(a) Powers of board. --
In addition to the powers granted by any other provision of this article, the board has the powers necessary or convenient to carry out the purposes and provisions of this article, including, but not limited to, the following express powers:
~~(a)~~ (1) To adopt and amend bylaws;
~~(b)~~ (2) To propose legislative rules to the commission for promulgation in accordance with the provisions of article three-a, chapter twenty-nine-a of this code to effectuate the purposes of this article;
~~(c)~~ (3) To invest any of its funds at the board's discretion, with the West Virginia Investment Management Board in accordance with the provisions of article six, chapter twelve of this code. Any investments made under this article shall be made with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. Fiduciaries shall diversify plan investments to the extent permitted by law so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so;
~~(d)~~ (4) To execute contracts and other necessary instruments;
~~(e)~~ (5) To impose reasonable requirements for residency for students applying for the PROMISE scholarship. ~~which~~ Except as provided in section four, article one of this chapter, the requirements shall include that an eligible student must have met the following requirements:
(A) Completed at least one half of the credits required for high school graduation in a public or private high school in this state; or ~~have been provided~~
(B) Received instruction in the home or other approved place ~~under~~ pursuant to Exemption B, section one, article eight, chapter eighteen of this code for the two years immediately preceding application. ~~However, nothing in~~
(C) This subdivision may not be construed to establish residency requirements for matriculation or fee payment purposes at state institutions of higher education;
~~(f)~~ (6) To contract for necessary goods and services, to employ necessary personnel and to engage the services of private persons for administrative and technical assistance in carrying out the responsibilities of the scholarship program;
(A) The board is encouraged to utilize the employees of the Vice Chancellor for Administration to provide administrative and technical assistance.
(B) Any services provided for the board by such employees remain under the direction and authority of the vice chancellor;
~~(g)~~ (7) To solicit and accept gifts, including bequests or other testamentary gifts made by will, trust or other disposition, grants, loans and other ~~aids~~ aid from any source or and to participate in any ~~other way in any~~ federal, state or local governmental programs in carrying out the purposes of this article;
~~(h)~~ (8) To define the terms and conditions under which scholarships ~~shall be~~ are awarded with the minimum requirements being set forth in section six of this article; and
~~(i)~~ (9) To establish other policies, procedures and criteria necessary to implement and administer the provisions of this article.
(b) Duties of board. --
In addition to any duty required by any provision of this article, the board has the following responsibilities:
(1) To operate the program in a fiscally responsible manner and within the limits of available funds;
(2) To operate the PROMISE Scholarship Program as a merit-based program;
(3) To raise academic eligibility requirements before taking any other steps to limit student awards should projections indicate that available funds will not be sufficient to cover future costs; and
(4) To maintain contact with graduates who have received PROMISE scholarships and to provide a written statement of intent to recipients who are selected to receive a PROMISE scholarship after the effective date of this section notifying them that acceptance of the scholarship entails a responsibility to supply information requested by the board to determine:
(A) The number and percentage of recipients who continue to live in West Virginia after graduation;
(B) The number and percentage of recipients who obtain employment in West Virginia after graduation;
(C) The number and percentage of recipients who enroll in post-graduate education programs and the name of the state in which each post-graduate institution is located; and
(D) Such other relevant information as the board may reasonably request to implement the provisions of this subdivision;
(5) To analyze the data collected pursuant to subdivision (4) of this subsection:
(A) Report the findings to the Joint Standing Committee on Education by the tenth day of January, two thousand seven, and annually thereafter; and
(B) Make recommendations annually to the Joint Standing Committee on Education regarding any actions the board considers necessary or expedient to encourage PROMISE recipients to live and work in the state after graduation.

§18C-7-6. PROMISE Scholarship Program requirements; legislative rule.

(a) ~~The board shall recommend a legislative rule to the higher education policy commission to implement the provisions of this article. The higher education policy commission shall~~ A PROMISE scholarship annual award meets the following conditions:
(1) Equal but not exceed the cost of tuition for a student enrolled in a state institution of higher education;
(2) Equal an amount determined by the board, but not to exceed the cost of tuition at state institutions of higher education, for a student enrolled in an eligible institution that is not a state institution of higher education; and
(3) Be used by an eligible institution to supplement, but not to supplant, a tuition and fee waiver for which the individual is eligible pursuant to section five, six-a or seven, article ten, chapter eighteen-b of this code.
(b) The total cost of all scholarships awarded by the board in any year may not exceed the amount of funds available to the board during that fiscal year.
(c) An individual shall meet the following conditions in order to be eligible to receive a PROMISE scholarship award:
(1) Submit a scholarship award application to the board:
(A) Within two years of graduating from high school or within two years of acquiring a General Equivalency Degree if provided instruction in the home or other approved place pursuant to Exemption B, section one, article eight, chapter eighteen of this code; or
(B) Within seven years of initially entering military service, and within one year of discharge from such military service, if the individual has entered the United States armed services within two years after graduating from high school;
(2) Apply for and submit to the board a free application for federal student aid;
(3) Maintain a grade point average of at least 3.0 on a 4.0 grading scale in the required core and elective course work necessary to prepare students for success in post-secondary education at the associate and baccalaureate degree levels as determined by the board, if the individual has completed not more than one semester or term at an institution of higher education, excluding credits earned in advanced placement, international baccalaureate, dual credit and comparable courses while the student is enrolled in high school;
(4) Maintain appropriate academic progress toward the completion of a degree at the undergraduate education level as determined by the board if the individual has completed more than one semester or term at an institution of higher education, excluding credits earned in advanced placement, international baccalaureate, dual credit and comparable courses while the student is enrolled in high school;
(5) Meet additional objective standards as the board considers necessary to promote academic excellence and to maintain the financial stability of the fund;
(6) Enroll in an eligible institution. Any student enrolled at an eligible institution who receives a PROMISE scholarship award may retain and renew the scholarship to complete his or her undergraduate education at that institution or any other eligible institution:
(A) If the institution at which the student is enrolled loses its status as an eligible institution pursuant to the provisions of subdivision (2), subsection (a), section three of this article; and
(B) If the student meets all other renewal requirements of this code and of board rules;
(7) It is the intent of the Legislature that the board shall strongly encourage prospective candidates for the PROMISE scholarship to perform at least twenty hours of unpaid community service while in high school to help prepare them for success in post-graduate education. The community service may include, but is not limited to, participation with nonprofit, governmental or community-based organizations designed to:
(A) Improve the quality of life for community residents;
(B) Meet the needs of community residents; or
(C) Foster civic responsibility.
(d) The board shall recommend a legislative rule to the commission to implement the provisions of this article. The commission shall promulgate a legislative rule in accordance with the provisions of article three-a, chapter twenty-nine-a of this code.
(1) The rule ~~which~~ shall include at least the following provisions:
~~(1) A requirement that a scholarship will not pay an amount that exceeds~~
(A) The amount of a PROMISE scholarship award may not exceed the cost of tuition at state institutions of higher education; and may include an allowance for books and supplies; (2) A requirement that the student shall first submit the application/needs analysis form used to apply for federal student aid programs along with an application for the PROMISE scholarship.
~~(3)~~ (B) The amount of ~~the~~ a PROMISE scholarship ~~awarded~~ award in combination with aid from all other sources ~~shall~~ may not exceed the cost of education at the institution the recipient is attending. ~~Provided, That this restriction~~ This provision does not apply to members of the West Virginia National Guard, recipients of an Underwood-Smith teacher scholarship and recipients of a West Virginia engineering, science and technology scholarship;
~~(4) Minimum requirements for eligibility for the scholarship which include:~~
(A) A provision that a student is only eligible to apply for a scholarship within two years of the time he or she graduates from high school or, in the case of home school students, passes the GED examination: ~~Provided,~~ That if a student has entered the United States armed services within two years after he or she graduates from high school, the student is eligible to apply for a scholarship within seven years of the time he or she enters military service: ~~Provided, however, That once discharged from the military, the student is only eligible to apply for one year from the date of discharge;~~
(B) For individuals with zero to fifteen credits from an institution of higher education, excluding credits earned in advanced placement, and dual credit courses while the student is enrolled in high school, that the individual:
(I) Maintain at least a 3.0 grade point average in the required core and elective course work necessary to prepare students for success in post-secondary education at the two-year and baccalaureate levels as determined by the board; and
~~(ii) Meet other criteria as established by the board;~~
(C) For individuals with more than fifteen credits from an institution of higher education, excluding credits earned in advanced placement, and dual credit courses while the student is enrolled in high school, that the individual attain and maintain appropriate academic progress toward the completion of a degree at the undergraduate education level as defined by the board; and
~~(D) For all individuals additional~~
(C) Additional objective standards as the board considers necessary:
(i) To promote academic excellence; ~~and to~~
(ii) To maintain the financial stability of the fund; and
(iii) To operate the program within the limits of available funds;
~~(5) A provision requiring the student to be enrolled in or in the process of enrolling in an eligible institution as defined in section three of this article;~~
~~(6)~~ (D) Provisions for making the highest and best use of the PROMISE Scholarship Program in conjunction with the West Virginia Prepaid Tuition Trust Act set forth in article thirty, chapter eighteen of this code;
~~(7) A determination of whether to require scholarship recipients to repay the amount of their scholarship, in whole or in part, if they choose to work outside the state after graduation;~~
(8) A determination of whether to set aside a portion of the scholarship funds for targeted scholarships for applicants accepted or enrolled in an engineering program, science program, technology program or other designated programs;
~~(9) A determination of what other sources of funding for higher education, if any, should be deducted from the PROMISE scholarship award;~~
~~(10) A determination and clarification of~~
(E) A provision defining the relationship of PROMISE scholarship awards to all other sources of student financial aid ~~a student may receive to provide~~ to ensure maximum coordination. The ~~determination shall consider~~ provision shall include the following:
(i) Methods to maximize student eligibility for federal student financial aid; ~~dollars~~
(ii) A requirement that PROMISE scholarship awards not supplant tuition and fee waivers; and
~~(C)~~ (iii) Clarification of the relationship between the PROMISE Scholarship Program, tuition savings plans and other ~~state~~ state-funded student financial aid ~~and loan~~ programs;
~~(11)~~ (F) A method for ~~the award of~~ awarding scholarships within the limits of available appropriations, including circumstances when program funds are not sufficient to provide awards to all eligible applicants. The board may not utilize any of the following methods:
(i) Making a scholarship award for an amount less than the cost of full tuition for a student enrolled in a state institution of higher education; or
(ii) Eliminating any current recipient from eligibility;
(G) A method for applicants to appeal determinations of eligibility and ~~continuation~~ renewal.
(2) The rule may provide for or require the following at the board's discretion:
~~(7)~~ (A) ~~A recipient to repay~~ Requiring repayment of the amount of the scholarship, in whole or in part, if ~~he or she~~ a scholarship recipient chooses to work outside the state after graduation: The rule may not require a recipient to repay a scholarship in whole or in part unless the prospective recipient has been informed of this requirement in writing before initial acceptance of the PROMISE scholarship award.
(B) Targeting a portion of the scholarship funds to be used for applicants enrolled in an engineering, science, technology or other designated program;
(C) Determining what other sources of funding for higher education are to be deducted from the PROMISE scholarship award; and
(D) Providing additional criteria as determined by the board.
(b) The Legislature hereby declares that an emergency situation exists and, therefore, the policy commission may establish by emergency rule, under the procedures of article three-a, chapter twenty-nine-a of this code, a rule to implement the provisions of this section. If established, the rules shall be filed with the legislative oversight commission on education accountability and with the office of the secretary of state on or before the first day of September, two thousand one.
(3) The Legislature finds that an emergency exists and, therefore, the board shall file a rule to implement the provisions of this section as an emergency rule pursuant to the provisions of article three-a, chapter twenty-nine-a of this code. The rule is subject to the prior approval of the Legislative Oversight Commission on Education Accountability.
§18C-7-7. West Virginia PROMISE Scholarship Fund created.
(a) ~~There is hereby created a~~ The special revenue fund in the state treasury ~~which shall be~~ designated and known as the "PROMISE Scholarship Fund" is continued. The fund ~~shall consist~~ consists of:
(1) All appropriations to the fund from the West Virginia lottery, video lottery and taxes on amusement devices; ~~and any other legislative appropriations, and any gifts, grants or contributions received by the fund~~
(2) All appropriations by the Legislature for the PROMISE Scholarship Fund;
(3) Any gifts, grants or contributions received for the PROMISE Scholarship Program; and
(4) All interest or other income earned from investment of the fund.
(b) The allocations to the fund ~~shall be~~ are subject to appropriation by the Legislature. Nothing in this article ~~shall require~~ requires any specific level of funding by the Legislature nor ~~guarantee or entitle~~ guarantees nor entitles any individual to any benefit or grant of funds.
(c) For the fiscal year beginning the first day of July, two thousand six, it is the intent of the Legislature that the aggregate of the amount of moneys transferred to the fund pursuant to section eighteen-a, article twenty-two, chapter twenty-nine of this code, and such other amounts of public moneys that may be transferred to the fund by appropriation of the Legislature, shall equal but may not exceed forty million dollars. For each fiscal year thereafter until and including the fiscal year ending the thirtieth day of June, two thousand eleven, it is the intent of the Legislature that this aggregate be an amount two percent greater than the aggregate established by this subsection for the prior fiscal year. For the fiscal year beginning the first day of July, two thousand eleven, and in each fiscal year thereafter, it is the intent of the Legislature that this aggregate not exceed the aggregate established by this subsection for the fiscal year beginning the first day of July, two thousand eleven.
(d) The board may expend the moneys in the fund to implement the provisions of this article.
The bill (Eng. H. B. No. 4049), as amended, was then ordered to third reading.
Eng. House Bill No. 4075, Relating to the dedication of moneys to the Regional Jail Partial Reimbursement Fund.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4096, Relating to amount of an appeal bond.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 5. APPELLATE RELIEF IN SUPREME COURT OF APPEALS.

§58-5-14. Appeal bond generally; limitation on amount.
(a)When required by the court, an appeal shall not take effect until bond is given by the appellants or petitioners, or one of them, or some other person, in a penalty to be fixed by the court or judge by or in which the appeal is allowed or entered with condition: If a supersedeas be awarded, to abide by and perform the judgment and to pay to the opposite party, and to any person injured all such costs and damages as they, or either of them, may incur or sustain by reason of said appeal, in case such judgment, or such part, be affirmed, or the appeal be dismissed, and also, to pay all damages, costs and fees, which may be awarded against or incurred by the appellant or petitioners; and if it is an appeal from a judgment dissolving an injunction, or dismissing a bill of injunction, with a further condition, to indemnify and save harmless the surety in the injunction bond against loss or damage in consequence of his suretyship; and with condition when no supersedeas is awarded to pay such specific damages, and such costs and fees as may be awarded or incurred: Provided, That whenever an appeal is awarded in any action or suit wherein a judgment for the payment of money has been entered against an insured in an action which is defended by an insurance corporation, or other insurer, on behalf of the insured under a policy of insurance, the limit of liability of which is less than the amount of said judgment, execution on the judgment to the extent of the policy coverage shall be stayed until final determination of such appeal, and no execution shall be issued, or action brought, maintained or continued against such insured, insurance corporation, or other insurer, for the amount of such judgment so stayed, by either the injured party, the insured, or the legal representative, heir or assigns of any of them, during the pendency of such proceeding, provided such insurance corporation, or other insurer, shall:
(1) File with the clerk of the court in which the judgment was entered, a sworn statement of one of its officers, describing the nature of the policy and the amount of coverage thereof;
(2) Give or cause to be given by the judgment debtor or some other person for him a bond in a penalty to be fixed by the court or judge by or in which the appeal is allowed or entered, not to exceed the amount of such insurance coverage set out in the sworn statement above required, with condition to pay the amount of such coverage upon said judgment if the judgment or such part is affirmed or the appeal is dismissed, plus interest on said sum and cost;
(3) Serve a copy of such sworn statement and bond upon the judgment creditor or his attorney;
(4) Deliver or mail to the insured at the latest address of the insured appealing upon the records of such insurance corporation, or other insurer, written notice that execution on such judgment to the extent that it is not covered by such insurance is not stayed in respect to the insured: Provided, That the filing of a bond by the insured or someone for him, conditioned upon the payment of the balance of the judgment and interest not stayed by the insured as aforesaid if the judgment is affirmed or the appeal is dismissed, shall stay execution on the balance of said judgment not covered by such insurance: Provided, however, That the filing of such statement and bond hereunder by an insurance corporation or other insurer shall not thereby make such insurance corporation or other insurer a party to such action, either in the trial court or in the appellate court.
(b) Except for bonds required under section four, article eleven-a, chapter four of this code, an appeal bond required by a court in accordance with this code may not exceed the amount of the total judgment, which includes the actual judgment, plus costs, interest and fees: Provided, That for a judgment exceeding twenty- five million dollars, the appeal bond shall not exceed, by election of the judgment debtor, twenty-five million dollars or fifty percent of the net worth of the judgment debtor. For the purposes of this section, multiple judgments resulting from cases that have been consolidated or aggregated for purpose of trial proceedings shall be treated as a single judgment.
(c) The limitations of subsection (b) of this section notwithstanding, if the appellee provides by a preponderance of the evidence that the appellant or appellants do not have the assets to have a reasonable ability to satisfy the judgment or are dissipating or diverting assets outside the ordinary course of business to the effect that the ability to pay the ultimate judgment is impaired, the court is not bound by the limitations stated in subsection (b) of this section and may set the appeal bond at any amount not to exceed the total judgment.
(d) This section shall be applicable to judgments entered after the first day of July, two thousand six.
The bill (Eng. Com. Sub. for H. B. No. 4096), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4120, Authorizing the termination of water service for delinquent sewer bills where the sewer service is provided by a Homeowners' Association.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4135, Authorizing the Department of Environmental Protection to promulgate legislative rules.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page eight, section one, line sixty-six, after the word "authorized" by changing the period to a comma and adding the following: with the following amendments:
On page seventy-one, section two, paragraph §38-2.7.2.e.1, after line five, by inserting a new paragraph, designated §38- 2.7.2.e.1, to read as follows:
§38-2.7.2.e.1. Bio-oil Cropland. Agricultural production of renewable energy crops through long-term intensive cultivation of close-growing commercial biological oil species (such as soybeans, rapeseed or canola) for harvest and ultimate production of bio- fuels as an alternative to petroleum based fuels and other valuable products;
On page seventy-one, section two, paragraph §38-2.7.3.d, after §38-2.7.3.c, by inserting a new paragraph, designated §38-2.7.3.d, to read as follows:
§38-2.7.3.d. A change in postmining land use to bio-oil cropland constitutes an equal or better use of the affected land, as compared with pre-mining use for purposes of W. Va. Code §22-3- 13(c) in the determination of variances of approximate original contour for mountaintop removal operations subject to §38-2-7.8 of this rule;
On page one hundred two, after §38-2-7.7.f.3, by inserting a new subsection, designated §38-2-7.8, to read as follows:
7.8. Bio-oil Crop Land.
7.8.1. Criteria for Approving Bio-oil Cropland Postmining Land Use.
7.8.1.a. An alternative postmining land use for bio-oil cropland may be approved by the secretary after consultation with the landowner and or land management agency having jurisdiction over state or federal lands: Provided, That the following conditions have been met.
7.8.1.a.1. There is a reasonable likelihood for the achievement of bio-oil crop production (such as soybeans, rapeseed or canola) as witnessed by a contract between the landowner and a commercially viable individual or entity, binding the parties to the production of bio-oil crops for a measurement period of at least two years after the competition of all restoration activity within the permitted boundaries;
7.8.1.a.2. The bio-oil crop reclamation plan is reviewed and approved by an agronomist employed by the West Virginia Department of Agriculture. The applicants shall pay for any review under this section;
7.8.1.a.3. The use does not present any actual or probable hazard to the public health or safety or threat of water diminution or pollution;
7.8.1.a.4. Bio-oil crop production is not:
7.8.1.a.4.A. Impractical or unreasonable;
7.8.1.a.4.B. Inconsistent with applicable land use policies or plans;
7.8.1.a.4.C. Going to involve unreasonable delays in implementation; or
7.8.1.a.4.D. In violation of any applicable law.
7.8.2. Soil reconstruction specifications for bio-oil crop postmining land use shall be established by the W. Va. Department of Agriculture in consultation with the U. S. Natural Resources Conservation Service and based upon the standards of the National Cooperative Soil Survey and shall include, at a minimum, physical and chemical characteristics of reconstructed soils and soil descriptions containing soil-horizon depths, soil densities, soil pH, and other specifications such that constructed soils will have the capability of achieving levels of yield equal to, or higher that, those required for the production of commercial seed oils species (such as soybeans, rapeseed or canola) and meets the requirement of 14.3 of this rule.
7.8.3. Bond Release.
7.8.3.a. Phase I bond release shall not be approved until W. Va. Department of Agriculture certifies and the secretary finds that the soil meets the criteria established in this rule and has been placed in accordance with this rule. The applicants shall pay for any review under this section.
7.8.3.b. The secretary may authorize in consultation with the W. Va. Department of Agriculture, the Phase III bond release only after the applicant affirmatively demonstrates, and the secretary finds, that the reclaimed land can support bio-oil production; and there is a binding contract for production which meets the requirements of subdivision 7.8.1.a of this rule; and the requirements of paragraph 9.3.f.2 of this rule are met. The applicant shall pay for any review under this section.
7.8.3.c. Once final bond release is authorized, the permittee's responsibility for implementing the bio-oil cropland reclamation plan shall cease.
At the request of Senator Kessler, as chair of the Committee on the Judiciary, and by unanimous consent, the unreported Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B. No. 4135) on page thirteen was withdrawn.
On motion of Senator Kessler, the following amendment to the bill was next reported by the Clerk and adopted:
O n page thirteen, section three, line forty-one, after the word "rulemaking" by striking out the remainder of the subsection and inserting in lieu thereof the words "to effectuate its findings. The division may also recommend legislation that may be necessary to protect human health and the environment consistent with the division's findings."
The bill (Eng. Com. Sub. for H. B. No. 4135), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4172, Authorizing the Department of Administration to promulgate legislative rules.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page four, by striking out everything after the enacting clause and inserting in lieu thereof the following:
That §64-1-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that article 2, chapter 64 of said code be amended and reenacted, all to read as follows:
ARTICLE 1. GENERAL LEGISLATIVE AUTHORIZATION.

§64-1-1. Legislative authorization.
Under the provisions of article three, chapter twenty-nine-a of the Code of West Virginia, the Legislature expressly authorizes the promulgation of the rules described in articles two through eleven, inclusive, of this chapter, subject only to the limitations set forth with respect to each such rule in the section or sections of this chapter authorizing its promulgation. Legislative rules promulgated pursuant to the provisions of articles one through eleven, inclusive, of this chapter in effect at the effective date of this section shall continue in full force and effect until reauthorized in this chapter by legislative enactment or until amended by emergency rule pursuant to the provisions of article three, chapter twenty-nine-a of this code.
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO PROMULGATE LEGISLATIVE RULES.

§64-2-1. Department of Administration.
(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section forty-two, article three, chapter five-a of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the third day of January, two thousand six, relating to the Department of Administration (Leasing space on behalf of state spending units, 148 CSR 2), is authorized with the following amendments:
On page one, subsection 3.2, following the word "requested" and the comma by striking out the remainder of subsection 3.2;
And,
On page seven, subsection 12.4, by striking out the word "disbar" and inserting in lieu thereof the word "debar".
(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section six, article twenty-two-a, chapter five of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of January, two thousand six, relating to the Department of Administration (Selecting design-builders under the Design-Build Procurement Act, 148 CSR 11), is authorized with the following amendments:
On page seven, subsection 13.2, following the word "Agency" by striking out the remainder of subsection 13.2 and inserting in lieu thereof the following: "at any time prior to the start of construction if any requirement of the project is not satisfied.";
And,
On page eight, following subsection 14.7 by inserting the following:
"§148-11-15. Public emergencies.
15.1. If an application for a Design-Build proposal is filed which indicates a public emergency, the Design-Build Board shall take immediate action to determine if the project meets the criteria for a design-build project.
15.2. If the criteria are satisfied, the Board shall meet to approve or disapprove the application. If this situation occurs, the Board shall file a notice of emergency meeting with the Secretary of State in accordance with the Open Governmental Meetings Act.
15.3. A design-build project application may not indicate a public emergency if the emergency indicated is the result of self- imposed hardships, such as, neglect, poor planning, or a lack of organization by the applicant."
(c) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section forty-five, article three, chapter five-a of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of December, two thousand five, relating to the Department of Administration (Cannibalization of state property, 148 CSR 16), is disapproved and not authorized.
(d) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section forty-five, article three, chapter five-a of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of December, two thousand five, relating to the Department of Administration (Waste disposal of state property, 148 CSR 17), is disapproved and not authorized.
§64-2-2. Consolidated Public Retirement Board.
(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the third day of January, two thousand six, relating to the Consolidated Public Retirement Board (Benefit determination and appeal, 162 CSR 2), is authorized.
(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the third day of January, two thousand six, relating to the Consolidated Public Retirement Board (Teachers' Defined Benefit Plan, 162 CSR 4), is authorized.
(c) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the third day of January, two thousand six, relating to the Consolidated Public Retirement Board (Service credit for accrued and unused sick and annual leave, 162 CSR 8), is authorized with the following amendment:
On page four, line twenty-seven, by striking out subsection 7.2 in its entirety and inserting in lieu thereof the following:
"7.2. Limitation on the Accrual of Unused Sick and Annual Leave. - If the West Virginia State Police policy for the accrual of unused sick and annual leave is more generous than that of the State of West Virginia for its state agency employees, trooper members shall receive service credit only for unused sick and annual leave as provided for by the state of West Virginia for state employees who are covered by the rules of the West Virginia Division of Personnel, except as provided in 7.2.1.
7.2.1. Except as provided in 7.2.2 of this rule, for purposes of determining service credit that may be received by a trooper member for accrued and unused annual leave, a trooper member with up to 480 hours (60 work days) accrued and unused annual leave that was carried forward from 2005 to 2006 may carry forward accrued and unused annual leave from 2006 to 2007 in an amount not to exceed either the amount of accrued and unused annual leave actually carried over from 2005 to 2006 or the amount of accrued and unused annual leave actually remaining to the trooper member at the expiration of calendar year 2006, whichever is lesser. At the end of each calendar year thereafter, the trooper member may carry over the lesser of the amount carried over the previous year or the amount actually remaining to the trooper member at the expiration of calendar year.
7.2.2. If the amount of a trooper member's unused annual leave carried over from 2005 to 2006, or from any year to the next thereafter, is less than the amount of unused annual leave permitted to be carried over as provided for by the state of West Virginia for state employees who are covered by the rules of the West Virginia Division of Personnel, the provisions of 7.2.1 of this rule do not apply and the trooper member shall thereafter be governed by the provisions of 7.2 of this rule and for purposes of determining service credit that may be received by a trooper member for accrued and unused annual leave, is permitted to carry over annual leave up to but not exceeding the amounts permitted to be carried over as provided for by the state of West Virginia for state employees who are covered by the rules of the West Virginia Division of Personnel.
7.2.3. The provisions of this rule govern the determination of service credit that may be received by a trooper member for accrued and unused annual leave, and may not be construed to supersede any West Virginia State Police policy for the accrual of unused sick and annual leave applicable to contributing trooper members before retirement."
(d) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the third day of January, two thousand six, relating to the Consolidated Public Retirement Board (West Virginia State Police, 162 CSR 9), is authorized.
(e) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the third day of January, two thousand six, relating to the Consolidated Public Retirement Board (Deputy Sheriff Retirement System, 162 CSR 10), is authorized.
§64-2-3. Ethics Commission.
(a) The legislative rule filed in the State Register on the twentieth day of July, two thousand five, authorized under the authority of section two, article two, chapter six-b of this code, modified by the Ethics Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of January, two thousand six, relating to the Ethics Commission (West Virginia Ethics Commission, 158 CSR 1), is authorized.
(b) The legislative rule filed in the State Register on the twentieth day of July, two thousand five, authorized under the authority of section two, article two, chapter six-b of this code, relating to the Ethics Commission (Complaints, investigations and hearings, 158 CSR 3), is authorized.
(c) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand five, authorized under the authority of section two, article two, chapter six-b of this code, modified by the Ethics Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of January, two thousand six, relating to the Ethics Commission (Lobbying, 158 CSR 12), is authorized.
(d) The legislative rule filed in the State Register on the twentieth day of July, two thousand five, authorized under the authority of section five-a, article two, chapter six-b of this code, relating to the Ethics Commission (code of conduct for administrative law judges, 158 CSR 13), is authorized.
(e) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand five, authorized under the authority of section two, article two, chapter six-b of this code, relating to the Ethics Commission (filing of verified time records, 158 CSR 14), is authorized.
(f) The legislative rule filed in the State Register on the twentieth day of July, two thousand five, authorized under the authority of section two, article two, chapter six-b of this code, modified by the Ethics Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of January, two thousand six, relating to the Ethics Commission (Compliance audits, 158 CSR 15), is authorized.
(g) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand five, authorized under the authority of section two, article two, chapter six-b of this code, modified by the Ethics Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of January, two thousand six, relating to the Ethics Commission (Ethics training requirements for designated public officials, 158 CSR 18), is authorized.
The bill (Eng. Com. Sub. for H. B. No. 4172), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4210, Authorizing the Department of Commerce to promulgate legislative rules.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk:
On page four, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE LEGISLATIVE RULES.

§64-10-1. Division of Forestry.
The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section three, article one-a, chapter nineteen of this code, modified by the Division of Forestry to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of October, two thousand five, relating to the Division of Forestry (Ginseng, 22 CSR 1), is authorized with the following amendment:
On page six, by striking out subsection 13.1 in its entirety and renumbering the remaining subsections.
§64-10-2. Office of Miners' Health, Safety and Training.
The legislative rule filed in the State Register on the sixteenth day of March, two thousand five, authorized under the authority of section six, article one, chapter twenty-two-a of this code, modified by the Office of Miners' Health, Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the tenth day of June, two thousand five, relating to the Office of Miners Health, Safety and Training (Safety provisions for clearing crews, 56 CSR 2), is authorized with the following amendment:
On page twelve, section twenty-one, following subsection 21.2, by inserting the following:
"21.3. The employer shall provide annual continuing training of at least eight hours covering the subjects listed in subdivision 21.1.b for each employee, including supervisors, at no cost to the employee."
§64-10-3. Division of Natural Resources.
(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section twenty-three-a, article two, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventeenth day of October, two thousand five, relating to the Division of Natural Resources (Commercial whitewater outfitters, 58 CSR 12), is authorized.
(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of sections thirteen, twenty-two, twenty-two-a and twenty-three, article seven, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventeenth day of October, two thousand five, relating to the Division of Natural Resources (Boating, 58 CSR 25), is authorized.
(c) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of October, two thousand five, relating to the Division of Natural Resources (Public use of West Virginia State Parks, State Forests and State Wildlife Management Areas under the Division of Natural Resources, 58 CSR 31), is authorized with the amendments set forth below:
On page one, subsection 1.1, after the words, "Division of Natural Resources" by inserting the words "Parks and Recreation Section";
On page three, subsection 2.21, after the words "Chief Logan," by changing the comma to a colon, striking out "except in the" and inserting following: "Provided, That beer, wine and alcoholic beverages may be served in the restaurant,";
On page three, subsection 2.21, after the words "conference
center" by inserting the words "without prior written authorization from the Director";
And,
On page four, subsection 2.21, after the words "prohibited by posted signs" by changing the period to a colon and inserting the following: "Provided, That any person, group or association sponsoring a private party at the multi-purpose log barn at Prickett's Fort State Park may provide beer, wine, liquor and all other alcoholic beverages for guests at a private party as long as the party is not open to the general public."
(d) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventeenth day of October, two thousand five, relating to the Division of Natural Resources (Terms defining the terms to be used concerning all hunting and trapping rules, 58 CSR 46), is authorized with the following amendment:
On page two, subsection 2.10, after the words "Individual Permanently Disabled in the Lower Extremities" by striking out the remainder of subsection 2.10 and inserting in lieu thereof the following: "means an individual who is permanently and totally disabled due to paralysis or disease in the lower half of the body, which makes it impossible to ambulate successfully more than two hundred feet without assistance".
(e) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (Wild boar hunting, 58 CSR 52), is authorized.
(f) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (Special waterfowl hunting, 58 CSR 58), is authorized.
(g) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (Miscellaneous permits and licenses, 58 CSR 64), is authorized with the following amendments:
On page four, subsection 3.6, by striking out the words "A pubic hearing will be conducted" and inserting in lieu thereof the words "The Division of Natural Resources will conduct a public hearing";
On page four, subsection 3.7, after the period, by inserting the following: "If the chief accepts a recommendation to deny the granting of a permit or license, he must notify the applicant of the denial and the reasons therefor." and by striking out subdivision 3.7.1 in its entirety;
On page four, subsection 4.1, by striking out the words "Except as provided in Section 4.1.1 of this rule, all" and inserting in lieu thereof the words "A commercial shooting preserve license issued under W. Va. Code §20-2-54 expires on June 30 of the fiscal year of issue. All other";
On page four, subsection 4.1, by striking out the word "will";
On page four, by striking out subdivision 4.1.1 in its entirety;
On page five, subsection 5.3, by striking out the word "as";
On page five, subsection 6.2, by striking out "A captive deer facility must be inspected by both Division of Natural Resources, Wildlife Resources and Law Enforcement personnel and an inspection form completed." and inserting in lieu thereof the following: "Personnel from both the Division of Natural Resources, Wildlife Resources Section and the Division of Natural Resources, Law Enforcement Section will inspect captive cervid facilities and complete an inspection form.";
On page eleven, subsection 7.4, by striking out the word "will";
On page eleven, subsection 7.4, by striking out the words "or not the license" and inserting in lieu thereof the word "it";
On page eleven, subsection 7.4.1, by striking out "There shall be a" and inserting in lieu thereof "The";
On page eleven, subsection 7.4.1, by striking out "of" and inserting in lieu thereof "is";
On page eleven, subsection 7.4.1, by adding the following sentence at the end of the subdivision: "The fee for renewal of a captive cervid facility license is $250.";
On page eleven, subdivision 7.4.2, by striking out the words "A pubic hearing will be conducted" and inserting in lieu thereof the words "The Division of Natural Resources will conduct a public hearing";
On page eleven, by striking out subdivision 7.4.3 in its entirety and inserting in lieu thereof the following:
"7.4.3. "A unique and permanent identifying license number, corresponding to the number assigned to the premises by the National Animal Identification System, shall be issued to each licensed captive cervid facility. The applicant must supply this number to the West Virginia Division of Natural Resources with the application for a captive cervid facility license.";
On page eleven, subdivision 7.4.5, by striking out the words "direct or";
On pages eleven and twelve, by striking out all of subdivision 7.4.7 and by renumbering the remaining subdivisions;
On page twelve, subdivision 7.4.7, after the words "braced and installed" by inserting a semicolon and the words "posts must be properly spaced and anchored;";
On page twelve, subdivision 7.4.8, by striking out the words "posts must be spaced at 20 feet maximum for T post or 30 feet maximum for rigid post; brace posts must be buried at least 4 feet in rocky soil and 6 feet in sandy soil or concrete must be used to provide equal stability; line posts must be buried to 3 feet" and inserting in lieu thereof the words "posts must be properly spaced and anchored";
On page twelve, subdivision 7.4.13, by striking out the word "daily";
On page twelve, subdivision 7.4.13, after the word "pests" by striking out the words "Food and water containers shall be kept clean. Hay, straw or other bedding material must be replaced as needed. All waste must be disposed of in a legal manner." and inserting in lieu thereof "and is in accordance with best management practices";
On page twelve, subdivision 7.4.14, by striking out the word "state" and inserting in lieu thereof the words "West Virginia";
On page twelve, subdivision 7.4.14, by striking out the word "accredited" and inserting in lieu thereof the words "West Virginia licensed";
On page twelve, at the end of subdivision 7.4.14, after the words "brucellosis testing." by inserting the following: "The collection of samples for CWD testing shall be performed by trained personnel within the West Virginia Division of Natural Resources or by a trained veterinarian employed by the West Virginia Department of Agriculture. For the purpose of collecting tissue for CWD testing, the captive cervid facility licensee has four options: (1) the licensee may deliver to a West Virginia Division of Natural Resources District Office the head of the cervid; (2) the licensee may deliver to a West Virginia Division of Natural Resources District Office the entire cervid with the head intact; (3) the licensee may contact the West Virginia Division of Natural Resources and a trained representative of the West Virginia Division of Natural Resources and/or a trained veterinarian employed by the West Virginia Department of Agriculture shall go to the facility and obtain the tissue samples; or (4) the licensee may deliver the entire cervid with the head intact to the West Virginia Department of Agriculture lab in Moorefield, West Virginia, and upon delivery of the cervid carcass, the West Virginia Department of Agriculture shall notify the West Virginia Division of Natural Resources of the delivery. After the West Virginia Division of Natural Resources and/or the West Virginia Department of Agriculture have obtained sufficient and necessary tissue samples, the remaining tissue may be shared with the captive cervid facility licensee.";
On page twelve, subdivision 7.4.15, by striking out "The co- mingling of different Cervid species or Cervid species and livestock will not be permitted in the same pens without written approval of the Director. If different Cervid species are housed at the same facility, they must be separated into different pens that are double-fenced or otherwise prohibit contact between the different species." and inserting in lieu thereof the following: "Co-mingling of different cervid species will be allowed if the population density is at least 20,000 square feet per animal and if all best management practices are followed by the captive cervid facility.";
On page twelve, subdivision 7.4.15, after the words "material from" by striking out "different Cervid species" and inserting in lieu thereof the words "captive cervids";
On page twelve, subdivision 7.4.15, after the word "exposed" by striking out "to other Cervids in separate pens or";
On page thirteen, subdivision 7.4.16, by striking out the word "shall" and inserting in lieu thereof the word "may";
On page thirteen, subdivision 7.4.16, by striking out the words "such verification";
On page thirteen, subdivision 7.4.18, after the words "50 yards" by striking out the words "Except that a" and inserting in lieu thereof the word "A";
On page thirteen, subdivision 7.4.18, after the words "in the ear" by striking out the word "shall" and inserting in lieu thereof the word "is";
On page thirteen, subdivision 7.4.19, by striking out the word "An" and inserting in lieu thereof the words "A licensee shall maintain an";
On page thirteen, subdivision 7.4.19, by striking out the words "will be maintained";
On page thirteen, subdivision 7.4.19, after the word "permits" by striking out the period and the words "Records shall show" and inserting in lieu thereof the words "and shall include";
On page thirteen, subdivision 7.4.20, by striking out the word "A" and inserting in lieu thereof the words "A licensee shall forward a";
On page thirteen, subdivision 7.4.20, by striking out the words "shall be forwarded";
On page thirteen, subdivision 7.4.20, by striking out the word "Prior" and inserting in lieu thereof the words "A licensee must obtain prior";
On page thirteen, subdivision 7.4.20, by striking out the word "shall be obtained";
On page thirteen, subdivision 7.4.20, by striking out the words "Prior approval shall be obtained from the Director for the movement of captive cervids, and shall be conditional on negative test results and herd accreditation for TB and brucellosis as defined by the USDA." and inserting in lieu thereof the following: "A licensee must obtain prior approval from the Director to move captive cervids. The Director may grant approval on a case-by-case basis. All captive cervid facilities must enroll the cervid herds in accreditation programs for brucellosis and TB as defined by the USDA: Provided, That captive cervid facilities licensed after August 9, 2005 may only accept cervids from TB accredited herds that also meet all requirement of CWD monitoring and surveillance programs";
On page thirteen, subdivision 7.4.20, after the words "performed by" by striking out the words "an accredited" and inserting in lieu thereof the words "a West Virginia licensed"; On page thirteen, by striking out subdivision 7.4.21 in its entirety and inserting in lieu thereof the following:
"7.4.20. A captive cervid facility licensed after August 9, 2005, may receive animals coming from a herd within the state only if the proposed transfer is from a herd that has an ongoing and appropriate CWD surveillance record for at least 60 months. If a licensee has a monitoring program which has been in effect for at least 36 months, the Director may, after reviewing the facility's monitoring records, approve intra-state movement of cervids from the facility's herd: Provided, That intra-state movement of captive cervids may be approved by the Director on a case-by-case basis.";
On page thirteen, by striking out subdivision 7.4.22 in its entirety and inserting in lieu thereof the following:
"7.4.21. A captive cervid facility in this state may not receive animals that have originated from or been housed with animals originating from any state that has a confirmed CWD or tuberculosis (TB) positive cervid in the last 60 months. A captive cervid facility in this state may not receive genetic material that originates from any state that has a confirmed CWD or tuberculosis (TB) positive cervid in the last 60 months.";
On page thirteen, subdivision 7.4.23, by striking out the words "an accredited" and inserting in lieu thereof the words "a West Virginia licensed";
On page thirteen, at the end of subdivision 7.4.24, by changing the period to a colon and adding the following proviso: "Provided, That fawns below the age of six (6) months may be moved or transferred if the fawn originates from a certified tuberculous free herd and is tagged with a unique marker visible from 50 yards.";
On page fourteen, subdivision 7.4.25, by striking out the word "Every" and inserting the word "A licensee will make every";
On page fourteen, subdivision 7.4.25, by striking out the words "will be made;
On page fourteen, subdivision 7.4.25, by striking out the word "All" and inserting in lieu thereof the words "A licensee shall report all known";
On page fourteen, subdivision 7.4.25, by striking out the words "shall be reported";
On page fourteen, subdivision 7.4.25, by striking out "24" and inserting in lieu thereof "8";
On page fourteen, subdivision 7.4.25, after the word "Captain" by changing the period to a comma and inserting the following: "District WRS Game Biologist or the county conservation officer.";
On page fourteen, subdivision 7.4.25, after the words "captive Cervid license"by striking out the remainder of the subdivision and inserting in lieu thereof the following: "Any negligent act that results in captive cervids escaping shall be prima facie evidence that cervids were held in an unsafe manner and a violation of the license.";
On page fourteen, subdivision 7.4.26, after the words "transmissible diseases." by striking out the remainder of the subdivision and inserting in lieu thereof the following: "All costs for killing an animal that escapes due to a negligent act, including collecting samples and testing, are the responsibility of the licensee.";
On page fourteen, subdivision 7.4.27, by striking out "shall" and inserting in lieu thereof the word "may";
On page fourteen, subdivision 7.4.28, by striking out the words "The" and inserting in lieu thereof the words "An authorized representative of the Director shall periodically inspect the";
On page fourteen, subdivision 7.4.28, by striking out the words "shall be periodically inspected by an authorized representative of the Director";
On page fourteen, subdivision 7.4.30, by striking out the word "Any" and inserting in lieu thereof the words "The licensee shall report any";
On page fourteen, subdivision 7.4.30, by striking out the words "shall be reported";
On page fourteen, subdivision 7.4.31, by striking out the word "Appropriate" and inserting in lieu thereof the words "The licensee shall submit appropriate";
On page fourteen, subdivision 7.4.31, by striking out the word "must be submitted";
On page fourteen, subdivision 7.4.31, by striking out the words "may also be required." and inserting in lieu thereof the following: "is also required. Any captive cervid that is fourteen months of age or older that dies or is slaughtered must be tested for TB and brucellosis by a USDA certified, West Virginia licensed veterinarian if sufficient samples are available. These test results shall be made available to the West Virginia Department of Agriculture and the West Virginia Division of Natural Resources.";
On page fourteen, subdivision 7.4.32, by striking out the words "It shall be the licensee's responsibility to ensure that" and insert in lieu thereof "The licensee shall notify";
On page fourteen, subdivision 7.4.32, by striking out the words "is notified";
On page fourteen, subdivision 7.4.33, after the words "outside the infected captive Cervid facility." by striking out the remainder of the subdivision.
On page fourteen, after subdivision 7.4.33, by adding a new subdivision to read as follows:
"7.4.33. The West Virginia Department of Agriculture and the West Virginia Division of Natural Resources shall work together to develop accreditation programs for captive cervids for diseases including Tuberculosis (TB), brucellosis, and chronic wasting disease (CWD). Captive cervid facilities are required to enroll their herds in the USDA-APHIS CWD herd certification program, when the program becomes effective. In addition, a herd plan shall be developed that minimally includes actions described in the USDA- APHIS final rule, or if not available the proposed rule, that apply to the positive herd, epidemiologically linked herds, and the facility.";
On page fourteen, subdivision 7.4.34, by striking out the words "be required to";
On page fourteen, subdivision 7.4.34, after the words "In addition," by inserting the words "the licensee shall develop";
And,
On page fourteen, subdivision 7.4.34, by striking out the words "shall be developed".
(h) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the thirteenth day of October, two thousand five, relating to the Division of Natural Resources (Falconry, 58 CSR 65), is authorized.
(i) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article two-b, chapter twenty of this code, relating to the Division of Natural Resources (Lifetime hunting, trapping and fishing licenses, 58 CSR 67), is authorized.
§64-10-4. Division of Labor.
(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article nine, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the first day of November, two thousand five, relating to the Division of Labor (West Virginia Manufactured Housing Construction and Safety Standards Board, 42 CSR 19), is authorized with the following amendments:
On page thirteen, section ten-a, subsection two, subdivision (a), paragraph (iii), by striking the words "American National Standards Institute, A225.1 Installation Standard for Manufactured Homes" and inserting in lieu thereof the words "National Fire Protection Association 225 Model Manufactured Home Installation Standard";
On page nineteen, section fifteen, by striking subsection 15.1 in its entirety;
On page twenty, section fifteen, by striking subsections 15.4 and 15.5 in their entirety;
On page twenty-one, section fifteen, by striking subsection 15.12 in its entirety;
And,
By renumbering the remaining subsections in section fifteen of the legislative rule.
(b) The legislative rule filed in the State Register on the tenth day of February, two thousand five, authorized under the authority of section four, article five-f, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of January, two thousand six, relating to the Division of Labor (nurse overtime complaints, 42 CSR 30), is authorized.
§64-10-5. Division of Tourism.
The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand five, authorized under the authority of section nine, article two, chapter five-b of this code, modified by the Division of Tourism to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eleventh day of January, two thousand six, relating to the Division of Tourism (Direct Advertising Grants Program, 144 CSR 1), is authorized with the following amendments:
On page one, following section 144-1-1, by striking out all of section 144-1-2 and inserting in lieu thereof the following:
"§144-1-2. Definitions.
2.1 "Applicant" means a for profit or non-profit entity or organization located within the state that promotes tourism within the state and is also a destination. The term "applicant" may not include vendors that would be supplying services paid for out of grant funds, schools or camps.
2.2 "Application" means a written request for tourism promotion funds pursuant to this rule containing all forms, information and attachments executed by the applicant and all partners, if applicable.
2.3. "Amenity" includes spa services, golf courses, full- service restaurants, skiing or snow activities, tennis, horseback riding, hiking trails, boating or fishing.
2.4. "Attraction" means an entity which is at least one of the following:
2.4.1. A cultural or historic site or event which includes, but is not limited to, fairs or festivals, heritage and historic sites and museums;
2.4.2. Entertainment establishments which include, but are not limited to, pari-mutuel gaming establishments, live performing art centers, sporting organizations or arenas, vineyards or wineries;
2.4.3. Scenic or natural areas such as show caves or caverns;
2.4.4. Theme or Amusement Parks;
2.4.5. Zoos, Aquariums or Wild Animal Parks;
2.4.6. Recreational Activities, including but not limited to whitewater rafting, skiing and snow activities, mountain biking, hunting and fishing.
2.5. "Code" means the Code of West Virginia.
2.6. "Commission" means the Tourism Commission created pursuant to §5B-2-8 of the Code.
2.7. "Destination" means one of the following:
2.7.1. A region or area located within the state containing three or more attractions;
2.7.2. An independent activity located within the state;
2.7.3. A cultural or historic site or event which includes, but is not limited to, fairs or festivals, heritage and historic sites and museums;
2.7.4. Entertainment establishments which include, but are not limited to, pari-mutuel gaming establishments, live performing art centers, sporting organizations or arenas, vineyards or wineries;
2.7.5. Scenic or natural sites such as show caves or caverns;
2.7.6. Theme or Amusement Parks; or
2.7.7. Zoos, Aquariums or Wild Animal Parks;
2.8. "Destination Inn or Bed and Breakfast" means a lodging facility located within the state whose recognized reputation for service and amenities are the primary motivating factor for visitors to travel to the area where it is located.
2.9. "Division" means the Division of Tourism created pursuant to §5B-2-8 of the code.
2.10. "Fulfillment" means printed materials used to respond to an inquiry requesting additional information generated by direct advertising or printed materials provided to the division, a state park, the national park service or other government agency for direct advertising.
2.11. "Grant Period" means the twelve month period running from the beginning project date through the ending project date and any extensions granted by the commission pursuant to subdivision 8.4.3. of this rule.
2.12. "Independent Activity" means an entity or organization which attracts a minimum of eighty-five percent (85%) of its visitors from outside the local market and is at least one of the following:

2.12.1. An entity or organization which provides recreational activities including, but not limited to, whitewater rafting, skiing and snow activities, mountain biking, hunting and fishing, bus tours, dinner cruises and sightseeing tours;
2.12.2. A Resort;
2.12.3. A Destination Inn or Bed and Breakfast;
2.12.4. An entity or organization offering vacation rentals; or
2.12.5. Destination shopping.
2.13. "Local Market" means the geographic area within fifty (50) miles of a destination.
2.14. "Partner" means an entity or organization located within the state making a financial contribution toward the applicant's match requirement for an application for grant funds for a collaborative marketing program with a central advertising message directing tourists to a destination being represented by the applicant. The term "partner" may not include vendors that would be supplying services paid for out of grant funds.
2.15. "Resort" means a full-service lodging facility that is frequented for relaxation or recreational purposes and offers at least two amenities.
2.16. "Return on Investment" means the measure of a project's ability to use grant funds to generate additional value, including, but not limited to additional bookings and reservations.
2.17. "Total project cost" means the total of all proposed eligible expenditures contained within an application.
2.18. "Vacation Rental" means a lodging facility including chalets, cabins or condominiums. The term "vacation rental" may not include hotels or motels.";
On page two, subsection 3.2, following the word "destination" by striking "/attraction";
On page two, subsection 3.7, following the word "destination" by striking the words "or attraction";
On page four, subdivision 4.3.4., following the word "funding" and the period, by adding the following:
"Applications for projects that include repeat marketing efforts shall contain information demonstrating that such repeat marketing efforts are in addition to regular ongoing advertising activities.";
On page four, following subdivision 4.3.9. by adding the following:
"4.3.10. The project supports advertising activities that are over and above regular ongoing advertising activities.";
On page four, following section 144-1-5, by striking out all of section 144-1-6 and inserting in lieu thereof the following:
"§144-1-6. Eligible and ineligible expenditures of grant funds.
6.1.Grant funds may only be used to pay for eligible expenditures for direct advertising. Eligible expenses for direct advertising include, but are not limited to the following:
6.1.1. The costs of advertising on television, radio, or other telecommunications media, in newspapers, magazines or other print media, direct mail advertising, and outdoor advertising or any combination thereof;
6.1.2. The costs of purchasing and using mailing lists for direct mail promotions;
6.1.3. The costs for United States postage used for direct mail and fulfillment for direct advertising: Provided, That if bulk mail is appropriate, the applicant must use bulk mail and reimbursement will be limited to the bulk mail rate; and if bulk mail is not appropriate, reimbursement will be limited to the cost of United States mail first class postage;
6.1.4. The costs of printing travel related literature: Provided, That sixty percent (60%) of such literature is used as fulfillment for direct advertising within the approved application or approved request for modification of an approved application; or
6.1.5. Registration fees for consumer and trade shows: Provided, That the participation in such shows is for the purpose of attracting visitors to the state.
6.2. Eighty percent (80%) of a project's direct advertising must be directed toward areas outside of the local market or in major out-of-state markets, except for direct advertising for a small grant authorized by subsection 7.2 of this rule or a fair or festival grant authorized by subsection 7.3 of this rule.
6.3. Notwithstanding the provisions of subsection 6.2 of this rule, all direct advertising in the form of billboards must be directed toward areas outside of the local market or in major out- of-state markets, except billboards for a small grant authorized by subsection 7.2 or a fair or festival grant authorized by subsection 7.3 of this rule.
6.4. All direct advertising in the form of billboards must have a creative concept or layout approved by the Division in order for any of its cost to be considered an eligible expenditure.
6.5. Any direct advertising related to real estate must be for vacation rentals only. Any portion of direct advertising relating to the sale of real estate must be pro-rated. A creative concept must be submitted with any application or request for modification of an approved application for direct advertising relating to real estate. Advertisements for the sale of real estate in visitor guides and brochures must be grouped on a specific page or pages and those pages pro-rated from the grant at the time of the submission of the application. (Example: CVB X has a 32 page visitor guide and has determined that area realtors will take up 2 pages - CVB X must disclose this in its grant application and media breakout and the totals must request funding for only 30 pages.) No direct advertising for real estate sales or realty agencies are permitted within cooperative advertising, unless such ads are specifically and clearly delineated as vacation rentals only.
6.6. Direct advertising may be in the form of cooperative advertising which is advertising that represents a community, region, county, multi-county or statewide organization and may include tourism businesses or organizations that enhance the destination for which the grant is to cover. Cooperative advertising must be entirely directed toward areas outside the local market or in major out-of-state markets. All cooperative advertising must have a creative concept approved by the Division in order for any of its cost to be considered an eligible expenditure.
6.7. Eligible expenses may include production expenses for direct advertising in the media categories provided in this subsection. The total cost of such production expenses may not exceed fifteen (15%) of the total cost of the direct advertising and in no event may the total cost of such production expenses exceed $22,500, for any one of the following media categories:
6.7.1. Printed material, including the printing of direct mail and travel related literature;
6.7.2. Print media;
6.7.3. Television and radio; and
6.7.4. Billboards.
6.8. Grant funds may not be used to pay for ineligible expenditures. Ineligible expenditures include, but are not limited to the following:
6.8.1. Regular and ordinary business costs of the applicant including, but not limited to, supplies, personnel, phone, normal postage, distribution and shipping expenses or travel costs;
6.8.2. Any costs associated with preparation of the direct advertising grant application;
6.8.3. Costs for the rental or purchase of real estate;
6.8.4. Construction costs;
6.8.5. Costs of political or lobbying activities of any kind;
6.8.6. Membership fees or dues to any organization, or solicitation of membership to any organization through advertising within a grant program authorized by this rule;
6.8.7. Costs associated with the start up of any business or publication even if the business or publication may be totally or partially devoted to the promotion of tourism in the state;
6.8.8. The cost of purchase of audio/visual equipment;
6.8.9. Costs of alcoholic beverages;
6.8.10. Costs for any expenditure not identified in the application, unless the Commission grants prior approval in writing;
6.8.11. Costs of any public relations or research expense;
6.8.12. Costs for key rings, bumper stickers, mugs or any other similar promotional item;
6.8.13. Event production expenses, including costs for audio equipment, awards, entertainment, portable restrooms, labor or refreshments;
6.8.14. Costs relating to fund-raising activities;
6.8.15. Costs associated with retail advertising, except for destination shopping which is able to produce verification that said destination attracts a minimum of eighty-five (85%) of its visitors from outside the local market: Provided, That no retail advertising may include price point advertising;
6.8.16. Costs of Tourist Oriented Directional Signs (TODS) and logo signs for gas, food, lodging and camping;
6.8.17. Costs of sponsorships; or
6.8.18. Costs of items for resale.";
On page six, in the fourth line of section 7.2, following the word "exceed" by striking "2,500" and inserting in lieu thereof "7,500";
On page six, in the fourth line of section 7.2, following the word "applicant" by striking "in any given quarter as defined from time to time by the Division" and inserting in lieu thereof "and no applicant shall receive more than two grants per fiscal year";
On page six, in the seventh line of section 7.2, following the words "minimum of" by striking "50" and inserting in lieu thereof "25";
On page six, in the ninth line of section 7.2, following the word "exceed" by striking "750,000" and inserting in lieu thereof "2,000,000";
And,
On page six, in the fourteenth line of section 7.2, following the word "date" and the period by inserting the following:
"No applicant who has received a grant larger than $7,500 in any fiscal year may apply for a small grant under this section during the same fiscal year: Provided, That a nonprofit entity may apply for and receive small grants even if it has received large grants in the same fiscal year."
On motion of Senator Kessler, the following amendments to the Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B. No. 4210) were reported by the Clerk, considered simultaneously, and adopted:
On page twenty-five, section five, line one, by striking out the words "small grant authorized by subsection 7.2 of this rule or";
And,
On page twenty-five, section five, lines six and seven, by striking out the words "small grant authorized by subsection 7.2 of this rule or".
On motions of Senators Kessler and Facemyer, the following amendments to the Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B. No. 4210) were reported by the Clerk, considered simultaneously, and adopted:
On pages seven and eight, section three, Division of Natural Resources, by striking out the following:
On page twelve, subdivision 7.4.7, after the words "braced and installed" by inserting a semicolon and the words "posts must be properly spaced and anchored;";
On page eleven, section three, Division of Natural Resources, by striking out the following:
On page thirteen, subdivision 7.4.20, by striking out the word "Prior" and inserting in lieu thereof the words "A licensee must obtain prior";
And,
On page thirteen, subdivision 7.4.20, by striking out the words "shall be obtained";
On page fourteen, section three, Division of Natural Resources, subdivision 7.4.25, by striking out the words "shall be prima facie evidence that cervids were held in an unsafe manner and" and inserting in lieu thereof the word "is";
On page sixteen, section three, Division of Natural Resources, subdivision 7.4.33, after the words "remainder of the subdivision." by inserting the following:
"And,";
On page sixteen, section three, Division of Natural Resources, subdivision 7.4.33, after the words "and the facility." by striking out the semicolon;
And,
On page sixteen, section three, Division of Natural Resources, by striking out the following:
On page fourteen, subdivision 7.4.34, by striking out the words "be required to";
On page fourteen, subdivision 7.4.34, after the words "In addition," by inserting the words "the licensee shall develop";
And,
On page fourteen, subdivision 7.4.34, by striking out the words "shall be developed".
The question now being on the adoption of the Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B. No. 4210), as amended, the same was put and prevailed.
The bill (Eng. Com. Sub. for H. B. No. 4210), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4256, Providing a procedure for removal of county, district or municipal officers.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4383, Continuing the pilot program offered through a Community Access Program to coordinate health care provider reimbursements indefinitely as determined by the insurance commissioner.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4453, Clarifying the powers and duties of conservation officers as it relates to searches and seizures.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
O n page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-4. Powers and duties of conservation officers.
(a) Conservation officers and ~~all~~ other persons authorized to enforce the provisions of this chapter ~~shall be~~ are under the supervision and direction of the director in the performance of their duties. ~~as herein provided The authority, powers and duties of the conservation officers shall be~~
(b) Conservation officers have statewide jurisdiction and ~~they shall~~ have authority to:
(1) Arrest on sight, without warrant or other court process, any person or persons committing a criminal offense in violation of ~~any of~~ the laws of this state, in the presence of ~~such~~ the officer, but no ~~such~~ arrest ~~shall~~ may be made where any form of administrative procedure is prescribed by this chapter for the enforcement of ~~any of the particular~~ the provisions ~~contained herein~~ of this chapter;
(2) Carry such arms and weapons as may be prescribed by the director in the course and performance of their duties, but no license or other authorization shall be required ~~of such officers~~ for this privilege;
(3) Search and examine, in the manner provided by law, any boat, vehicle, automobile, conveyance, express or railroad car, fish box, fish bucket or creel, game bag or game coat or ~~any~~ other place in which hunting and fishing paraphernalia, wild animals, wild birds, fish, amphibians or other forms of aquatic life could be concealed, packed or conveyed whenever they have reason to believe that they would thereby secure or discover evidence of the violation of ~~any~~ the provisions of this chapter;
(4) Execute and serve ~~any~~ a search warrant, notice or ~~any~~ other process of law issued under the authority of this chapter or ~~any~~ other law relating to wildlife, forests and all other natural resources, by a magistrate or ~~any~~ court having jurisdiction ~~thereof,~~ in the same manner, with the same authority and with the same legal effect as ~~any~~ a sheriff; ~~can serve or execute such warrant, notice or process~~
(5) Require the operator of any motor vehicle or other conveyance on or about the public highways or roadways, or in or near the fields and streams of this state, to stop for the purpose of allowing ~~such~~ the conservation officers to conduct game-kill surveys;
(6) Summon aid in making arrests or seizures or in executing ~~any~~ warrants, notices or processes ~~and they shall have~~ in the same ~~rights and powers~~ manner as sheriffs; ~~have in their respective counties in so doing~~
(7) Enter private lands or waters within the state while engaged in the performance of their official duties; ~~hereunder~~
(8) Arrest on sight, without warrant or other court process, subject to the limitations set forth in subdivision (1) of this section, any person or persons committing a criminal offense in violation of any law of this state in the presence of ~~any such~~ the officer on any state-owned lands and waters and lands and waters under lease by the Division of Natural Resources and all national forest lands, waters and parks and U. S. Corps of Army Engineers' properties within the boundaries of the State of West Virginia and, in addition to ~~any~~ the authority conferred in ~~the~~ other subdivisions of this section, execute all arrest warrants ~~of arrest~~ on ~~such~~ these state and national lands, waters and parks and U. S. Corps of Army Engineers' properties, consistent with the provisions of article one, chapter sixty-two of this code;
(9) Arrest any person who enters upon the land or premises of another without written permission from the owner of the land or premises in order to cut, damage or carry away, or cause to be cut, damaged or carried away, any timber, trees, logs, posts, fruit, nuts, growing plants or products of any growing plant. Any person convicted of ~~the foregoing~~ cutting, damaging or carrying away or causing to be cut, damaged or carried away any timber, trees, logs, posts, fruits, nuts, growing plants or products of growing plants ~~shall be~~ is liable to the owner in the amount of three times the value of the timber, trees, logs, posts, fruit, nuts, growing plants or products of any growing plant, ~~which shall be~~ in addition to and notwithstanding any other penalties by law provided by section thirteen, article three, chapter sixty-one of this code; ~~and~~
(10) Make a complaint in writing before any court or officer having jurisdiction, and procure and execute the warrant, when the officer knows or has reason to believe that a person has violated a law of this state. The actions of the conservation officer have the same force and effect as if made by a sheriff;
(11) Serve and execute warrants for the arrest of any person and warrants for the search of any premises, buildings, properties or conveyances issued by a properly constituted authority in the same manner, with the same authority and with the same legal effect as a sheriff; and
~~(10)~~ (12) Do all things necessary to carry into effect the provisions of this chapter.
The bill (Eng. Com. Sub. for H. B. No. 4453), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4454, Relating to wages withheld from an employee.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:
On page three, section four, line twenty-five, after the word "amount" by inserting the words "which was unpaid when";
On page three, section four, line twenty-six, after the word "employee" by inserting the word "for";
And,
On page three, section four, line thirty, after the word "that" by inserting the word "unpaid".
The bill (Eng. Com. Sub. for H. B. No. 4454), as amended, was then ordered to third reading.
Eng. House Bill No. 4458, Relating to the sale of bulk data in electronic format from the Uniform Commercial Code and Corporation Data Bases.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4470, Updating the definition of "medicare supplement policy".
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Banking and Insurance, was reported by the Clerk and adopted:
O n page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.
§33-16-3d. Medicare supplement insurance.
(a) Definitions. --
(1) "Applicant" means, in the case of a group Medicare supplement policy or subscriber contract, the proposed certificate holder.
(2) "Certificate" means, for the purposes of this section, any certificate issued under a group Medicare supplement policy, which policy has been delivered or issued for delivery in this state.
(3) "Medicare supplement policy" means a group or individual policy of accident and sickness insurance or a subscriber contract (of hospital and medical service corporations or health maintenance organizations), other than a policy issued pursuant to a contract under Section 1876 ~~or 1833~~ of the federal Social Security Act (42 U. S. C. ~~Sections~~ §1395, et seq.) or an issued policy under a demonstration project ~~authorized~~ specified pursuant to amendments to the federal Social Security Act in 42 U. S. C. §1395ss (g)(1), which is advertised, marketed or designed primarily as a supplement to reimbursements under Medicare for the hospital, medical or surgical expenses of persons eligible for Medicare. Such term does not include:
(A) A policy or contract of one or more employers or labor organizations, or of the trustees of a fund established by one or more employers or labor organizations, or a combination thereof, for employees or former employees, or combination thereof, or for members or former members, or combination thereof, of the labor organizations;
(B) A policy or contract of any professional, trade or occupational association for its members or former or retired members, or combination thereof, if such association is composed of individuals all of whom are actively engaged in the same profession, trade or occupation; has been maintained in good faith for purposes other than obtaining insurance; and has been in existence for at least two years prior to the date of its initial offering of such policy or plan to its members; or
(C) Individual policies or contracts issued pursuant to a conversion privilege under a policy or contract of group or individual insurance when such group or individual policy or contract includes provisions which are inconsistent with the requirements of this section. Medicare advantage plans established under Medicare Part C, outpatient prescription drug plans established under Medicare Part D or any health care prepayment plan (HCPP) that provides benefits pursuant to an agreement under Section 1833(a)(1)(A) of the Social Security Act.
(4) "Medicare" means the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as then constituted or later amended.
(b) Standards for policy provisions. --
(1) The commissioner shall issue reasonable rules to establish specific standards for policy provisions of Medicare supplement policies. Such standards shall be in addition to and in accordance with the applicable laws of this state and may cover, but shall not be limited to:
(A) Terms of renewability;
(B) Initial and subsequent conditions of eligibility;
(C) Nonduplication of coverage;
(D) Probationary period;
(E) Benefit limitations, exceptions and reductions;
(F) Elimination period;
(G) Requirements for replacement;
(H) Recurrent conditions; and
(I) Definitions of terms.
(2) The commissioner may issue reasonable rules that specify prohibited policy provisions not otherwise specifically authorized by statute which, in the opinion of the commissioner, are unjust, unfair or unfairly discriminatory to any person insured or proposed for coverage under a Medicare supplement policy.
(3) Notwithstanding any other provisions of the law, a Medicare supplement policy may not deny a claim for losses incurred more than six months from the effective date of coverage for a preexisting condition. The policy may not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended by or received from a physician within six months before the effective date of coverage.
(c) Minimum standards for benefits. -- The commissioner shall issue reasonable rules to establish minimum standards for benefits under Medicare supplement policies.
(d) Loss ratio standards. -- Medicare supplement policies shall be expected to return to policyholders benefits which are reasonable in relation to the premium charge. The commissioner shall issue reasonable rules to establish minimum standards for loss ratios and for Medicare supplement policies on the basis of incurred claims experience and earned premiums for the entire period for which rates are computed to provide coverage and in accordance with accepted actuarial principles and practices. For purposes of rules issued pursuant to this subsection, Medicare supplement policies issued as a result of solicitations of individuals through the mail or mass media advertising, including both print and broadcast advertising, shall be treated as individual policies.
(e) Disclosure standards. --
(1) In order to provide for full and fair disclosure in the sale of accident and sickness policies, to persons eligible for Medicare, the commissioner may require by rule that no policy of accident and sickness insurance may be issued for delivery in this state and no certificate may be delivered pursuant to such a policy unless an outline of coverage is delivered to the applicant at the time application is made.
(2) The commissioner shall prescribe the format and content of the outline of coverage required by subdivision (1) of this subsection. For purposes of this subdivision, "format" means style, arrangements and overall appearance, including such items as size, color and prominence of type and the arrangement of text and captions. Such outline of coverage shall include:
(A) A description of the principal benefits and coverage provided in the policy;
(B) A statement of the exceptions, reductions and limitations contained in the policy;
(C) A statement of the renewal provisions, including any reservation by the insurer of the right to change premiums and disclosure of the existence of any automatic renewal premium increases based on the policyholder's age;
(D) A statement that the outline of coverage is a summary of the policy issued or applied for and that the policy should be consulted to determine governing contractual provisions.
(3) The commissioner may prescribe by rule a standard form and the contents of an informational brochure for persons eligible for Medicare, which is intended to improve the buyer's ability to select the most appropriate coverage and improve the buyer's understanding of Medicare. Except in the case of direct response insurance policies, the commissioner may require by rule that the information brochure be provided to any prospective insureds eligible for Medicare concurrently with delivery of the outline of coverage. With respect to direct response insurance policies, the commissioner may require by rule that the prescribed brochure be provided upon request to any prospective insureds eligible for Medicare, but in no event later than the time of policy delivery.
(4) The commissioner may further promulgate reasonable rules to govern the full and fair disclosure of the information in connection with the replacement of accident and sickness policies, subscriber contracts or certificates by persons eligible for Medicare.
(f) Notice of free examination. -- Medicare supplement policies or certificates, other than those issued pursuant to direct response solicitation, shall have a notice prominently printed on the first page of the policy or attached thereto stating in substance that the applicant shall have the right to return the policy or certificate within thirty days from its delivery and have the premium refunded if, after examination of the policy or certificate, the applicant is not satisfied for any reason. Any refund made pursuant to this section shall be paid directly to the applicant by the issuer in a timely manner. Medicare supplement policies or certificates issued pursuant to a direct response solicitation to persons eligible for Medicare shall have a notice prominently printed on the first page or attached thereto stating in substance that the applicant shall have the right to return the policy or certificate within thirty days of its delivery and to have the premium refunded if, after examination, the applicant is not satisfied for any reason. Any refund made pursuant to this section shall be paid directly to the applicant by the issuer in a timely manner.
(g) Administrative procedures. -- Rules promulgated pursuant to this section shall be subject to the provisions of chapter twenty-nine-a (the West Virginia Administrative Procedures Act) of this code.
(h) Severability. -- If any provision of this section or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of the section and the application of such provision to other persons or circumstances shall not be affected thereby.
The bill (Eng. H. B. No. 4470), as amended, was then ordered to third reading.
Eng. House Bill No. 4479, Relating to Manufactured Housing Construction and Safety Standards.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page six, section ten, line twenty-eight, after the word "section." by inserting the following: The assets of the fund may be invested and reinvested by the board in accordance with applicable law. Interest revenues derived from the fund shall be used solely to maintain the fund.
The bill (Eng. H. B. No. 4479), as amended, was then ordered to third reading.
Eng. House Bill No. 4494, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4513, Permitting insurance fraud investigators to present criminal complaints directly to a magistrate and to extend the statute of limitations for certain insurance related misdemeanors to three years.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Minard, unanimous consent being granted, the bill was advanced to third reading with the unreported Banking and Insurance committee amendment pending and the right for further amendments to be considered on that reading.
Eng. House Bill No. 4580, Creating the "special district excise tax administration fund" in the State Treasury.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4630, Creating a Voluntary Compliance Program based on listed transactions considered abusive by the Internal Revenue Service.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4661, Continuing the Board of Registered Professional Nurses rule relating to dialysis technicians.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4679, Relating to qualified charitable gift annuities.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Banking and Insurance, were reported by the Clerk, considered simultaneously, and adopted:
O n page three, section three, lines seven through nine, by striking out the words "chapter twenty-six-a of this code or by any other guaranty association established in chapter thirty-three of" and inserting in lieu thereof the words "article twenty-six-a of this chapter or by any other guaranty association established by";
And,
On page four, section five, lines one and two, by striking out the words "four or five" and inserting in lieu thereof the words "three or four".
The bill (Eng. H. B. No. 4679), as amended, was then ordered to third reading.
Eng. House Bill No. 4698, Changing the filing time for a subcontractor's lien.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4774, Allowing the Secretary of State's Office to amend it rule to allow for the sale of the code of state rules.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Eng. Com. Sub. for House Bill No. 4108, Allowing an osteopathic physician and surgeon to supervise up to three physician assistants generally.
Eng. House Bill No. 4112, Extending the time for the County Commission of Mineral County, West Virginia, to meet as a levying body.
Eng. Com. Sub. for House Bill No. 4276, Updating the regulation of the practice of landscape architecture.
Eng. House Bill No. 4279, Relating to the Massage Therapy Licensure Board.
Eng. House Bill No. 4283, Providing a preference to West Virginia veterans in the awarding of state contracts in the competitive bidding process.
Eng. House Bill No. 4321, Relating to definitions and modifications of exemptions from notification and licensure with respect to lead abatement.
Eng. House Bill No. 4445, Permitting the Director of the Division of Forestry to recover costs incurred in fighting fires.
Eng. House Bill No. 4484, Extending the time for the county commission of Marion County, West Virginia, to meet as a levying body.
Eng. House Bill No. 4510, Removing language requiring the commission to maintain a registry and census of persons who are deaf or hard of hearing.
Eng. House Bill No. 4569, Extending the time for the county commission of Harrison County, West Virginia, to meet as a levying body.
Eng. Com. Sub. for House Bill No. 4625, Extending certain authority to professional personnel designee of school principal.
Eng. House Bill No. 4651, Relating to continuing the statewide poison center generally.
And,
Eng. Com. Sub. for House Bill No. 4790, Prescribing and modifying the duties of the Secretary of the Department of Health and Human Resources in child welfare placement.
At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 8th day of March, 2006, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. No. 4751), Extending the time for the Board of Education of the County of Grant to meet as a levying body.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 795 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Military Affairs and Public Safety - Office of Emergency Services, fund 0443, fiscal year 2006, organization 0606, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand six.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 795) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Concurrent Resolution No. 82 (originating in the Committee on Banking and Insurance)--Requesting the Joint Committee on Government and Finance study payday lending.
Whereas, Certain financial service associations and institutions offer payday advances to customers, commonly referred to as payday lending; and
Whereas, The federal government regulates payday lending through institutions which are subject to federal regulation; and
Whereas, Some states regulate payday lending, while other states prohibit the practice; and
Whereas, The citizens and financial institutions of West Virginia would benefit from a study to determine whether the State of West Virginia should regulate payday lending, thereby allowing certain state financial institutions to offer this service, or whether the State of West Virginia should prohibit the service entirely; and
Whereas, There have been changes in this industry from a national perspective in the last several years and the Legislature would benefit from studying the effect of such changes on the citizens of West Virginia; and
Whereas, To determine the most effective means of regulating or prohibiting this industry, as well as the impact of such action upon West Virginia financial institutions and citizens, it is necessary to study the regulation of the practice of payday lending by other states and federal agencies; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study payday lending; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Concurrent Resolution No. 83 (originating in the Committee on Banking and Insurance)--Requesting the Joint Committee on Government and Finance study predatory mortgage lending practices.
Whereas, Certain financial institutions are aggressively recruiting customers for high-cost mortgage loans, often lending amounts which the customer can clearly never afford to repay; and
Whereas, This practice is commonly referred to as predatory lending or predatory mortgage lending; and
Whereas, Many of these institutions appear to be intent upon making those mortgage loans for the purpose of foreclosure in order to acquire the customers' homes. Many of these mortgage loans contain onerous terms that make them virtually impossible for some customers to repay; and
Whereas, Approximately one half of states regulate predatory mortgage lending; and
Whereas, The citizens of West Virginia would benefit from a study to determine to what extent and in what manner the State of West Virginia should regulate predatory mortgage lending; and
Whereas, To determine the most effective means of regulating this industry, as well as to determine the impact of such action upon West Virginia citizens, it is necessary to study the practice of predatory mortgage lending; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study predatory mortgage lending; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2146, Relating to payment to magistrates who serve temporarily outside their elected counties.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 6, 2006;
And,
Eng. Com. Sub. for House Bill No. 4031, Relating to the Purchasing Division of the Department of Administration.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 6, 2006;
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2328, Giving precedential application to written advisory opinions issued by the ethics commission's committee on open governmental meetings.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2328) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2329, Authorizing a court to order a defendant to contribute monetarily or through hours of service to a local crime victim's assistance program.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 2329) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Eng. House Bill No. 2853, Relating to the West Virginia Courtesy Patrol Program.
And has amended same.
Now on second reading, having been read a first time and rereferred to the Committee on Transportation and Infrastructure on March 7, 2006;
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Transportation and Infrastructure pending.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Eng. Com. Sub. for House Bill No. 3119, Providing that the Division of Natural Resources may not reduce the habitat land acreage available for hunting and shooting.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
John Pat Fanning,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4004, Relating to the use of a traffic law photo-monitoring device to detect traffic law violations.
With an amendment from the Committee on Transportation and Infrastructure pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Transportation and Infrastructure to which the bill was first referred.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4004) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4007, Relating to updating appraisal standards employed by the Public Land Corporation.
Eng. House Bill No. 4018, Relating to the community corrections subcommittee of the Governor's Committee on Crime, Delinquency and Correction.
And,
Eng. House Bill No. 4116, Increasing the amount of timber that can be sold on state Wildlife Management Areas, without sealed bids, from $500 to $5,000.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bills (Eng. H. B. Nos. 4007, 4018 and 4116) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4023, Raising the minimum wage in accordance with legislation now pending before Congress.
And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4023) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original triple committee reference, was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4036, Relating to soliciting or advocating murder, providing criminal penalties and specifying that the offenses and penalties are cumulative to other offenses and penalties.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4536, Improving competition among telephone public utilities providing landline services.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 4036 and 4536) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4192, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4192) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Eng. Com. Sub. for House Bill No. 4272, Clarifying the language regarding requirements for a Class BG stamp.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
John Pat Fanning,
Chair.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Eng. House Bill No. 4295, Establishing a bird dog training permit.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
John Pat Fanning,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4312, Increasing the compensation of child support enforcement attorneys.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 4312) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4313, Relating to petitions of appeal of domestic violence emergency protective orders.
And,
Eng. Com. Sub. for House Bill No. 4489, Testing of electronic voting machines used for early voting in order to allow their use on election day.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 4313 and 4489) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4368, Relating to penalties imposed against licensed wine sellers for ABC violations.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 4368) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4386, Ratifying the National Crime Prevention and Privacy Compact.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 7, 2006;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 4447, Authorizing county boards of education to lease school buses for transportation associated with fairs, festivals and other educational and cultural events.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Education pending.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Eng. Com. Sub. for House Bill No. 4456, Removing limitations on beaver trapping.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
John Pat Fanning,
Chair.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Eng. House Bill No. 4487, Allowing an individual, who is at least sixteen years of age, to be in the vehicle to assist the Class Q permittee.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
John Pat Fanning,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 4518, Relating to substitute service personnel seniority.
And reports the same back with the recommendation it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Eng. House Bill No. 4550, Clarifying current law requiring legislative approval of final designation of streams of special concern.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
At the request of Senator Fanning, unanimous consent being granted, the bill (Eng. H. B. No. 4550) contained in the preceding report from the Committee on Natural Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4596, Relating to the Director of the Office of Miners' Health, Safety and Training.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4596) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4632, Relating to employing homeland security and emergency service personnel.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 4632) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4685, Arthritis Prevention Education Act.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4694, Relating to abuse and neglect of children.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4694) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4721, Relating to the authorization of special messengers appointed by the County Clerk to deliver the ballot box to the central county center.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 4721) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4842, Relating to the Skiing Responsibility Act.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 4842) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4854, Expert opinions of licensed psychologists in the treatment and evaluation of children and taking testimony of child witnesses.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 4854) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, March 9, 2006, at 11 a.m.
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